Nature and foundations of judicial review

The decision of a minister, local authority or other public officer or body may be challenged in court by recourse to the machinery of judicial review. Judicial review is to be distinguished from appeal, which is sometimes available as a means of contesting an administrative decision. Judicial review is the exercise of an ancient and inherent supervisory jurisdiction of the court, by which excess or abuse of public power may be restrained or remedied. On the other hand, appeal to a court against an administrative act is possible only where, exceptionally, provision for it is made by statute. Take, for instance, Quigly v Chief Land Registrar [1993] 1 WLR 1435. Quigly sought to appeal against an administrative decision of the Chief Land Registrar, but the court ruled that it had no jurisdiction to hear an appeal from such a decision. This ruling was upheld by the Court of Appeal. Hoffmann LJ remarked that ‘A right of appeal to the court is entirely a creature of statute’; there was no provision in the relevant legislation for a right to appeal against the decision in question. The judge continued: ‘This does not mean that the exercise of administrative powers by the registrar is altogether beyond judicial control. I should have thought that it would be subject to judicial review in the same way and on the same principles as any other public power.’