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PUBLIC/PRIVATE DIVIDE/STANDING IN JUDICIAL REVIEW - Essay Example
The citizen when seeking to challenge the powers of the state is fundamental principles in the process of judicial review. The essence of judicial review is that an 'inferior body' (other expressions employed include subordinate body; administrative body, or administrative agency) has acted outside the scope of its power…
Sources of power, private law, and public law issues, order 53 and Locus Standi should be discussed gradually.
This question raises some issues from public body, private and public law issues, and locus standi. In order to answer this question, it is necessary to have a clear knowledge about pre-1977, S 31(1) of Supreme Court Act 1981, O .53, and situation after reform. It is also necessary to explain the background to this development and decision of O'Reilly v Mackman 1, public body, private and public law issues, sources of power and the exceptions of O'Reilly v Mackman. Prior to 1977, people were likely to use private law for its advantages. The problems were short time limit, requirements of LS, unavailability of discovery, and inflexibility regarding remedies.
However, the decision of the Architectural Academy (AA) regarding the subject of scholarship will be amenable to claims for judicial review if it is public body and the issues are public law issues. Four weeks before the beginning of the coming academic year, the trustees of the AA decide to cease offering financial scholarships with immediate effect.
JR is only available against public bodies, not private bodies. The sources of inferior bodies power is the traditional approach to determine a public body. ...