Judicial review is a part of UK constitutional law that enables people to challenge the exercise of power, often by a public body. A person who feels that an exercise of power is unlawful may apply to the Administrative Court (a division of the High Court) for a court to decide whether a decision followed the law. If the court finds the decision unlawful it may have it set aside (quashed) and possibly award damages. A court may impose an injunction upon the public body.

When creating a public body, legislation will often define duties, limits of power, and prescribe the reasoning a body must use to make decisions. These provisions provide a means for a decision to be found unlawful. In addition, the Human Rights Act 1998 provides that law must be interpreted and public bodies must act in a manner compliant with the European Convention on Human Rights. There are also common law constraints on the decision-making process of a body.

Unlike in some other jurisdictions, such as the United States, English law does not permit judicial review of primary legislation (laws passed by Parliament), even where primary legislation is contrary to EU law or the European Convention on Human Rights. A person wronged by an Act of Parliament therefore cannot apply for judicial review if this is the case, but may still argue that a body did not follow the Act.
**** Inquiries: +92320-4468599 or +92323-4468599

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**** Office Address: NS Tower-Sector F-1 Kotli Road, Mirpur, Azad Kashmir

Major Syed Kamran:
+92 321 4468599

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