Keith Davies examines the development of the principle of judicial review in English courts
Judicial review is a term not known to English or UK law until very recent times, ie 1977, in secondary legislation, namely the Rules of the Supreme Court (Amendment No 3) 1977 (SI 1977/1955), Ord 53. In primary legislation it then appeared in the Supreme Court Act 1981 (now re-titled the Senior Courts Act 1981) s 31(1): “A procedure to be known as an application for judicial review.”
Origins
The procedure, though not the title, is in essence very old, dating back to medieval times as part of a larger grouping of “prerogative orders” including other orders such as “habeas corpus”, previously termed “prerogative writs” issued by the Crown to correct errors made by inferior courts (eg magistrates) and all other public bodies up to the level of ministers of the Crown. The common law is created by the Crown in Parliament to be administered by the highest courts of common law and equity, the central judiciary of the UK.
“Judicial review” is an American term dating from the judgment
