Justify the following: "The decision of Maurice Kay J. in R (on the application of Medway and Kent Councils, Essex County and Norman and David Fosset) v Secretary of State for Transport QBD, Admin. Ct. 26 Nov. 2002, illustrates the useful and important role judicial review plays in the United Kingdom's constitution."
The operational system of government is divided into "inferior bodies" otherwise known as administrative bodies. These are bodies whose powers or jurisdictions are limited by the terms of parliament statutes, royal charters and prerogative orders from which they are formed, and they are referred to as "bodies of limited jurisdiction". To describe the possibility of their powers, the term "intra vires" is used. Intra vires is any action taken by the body and is within its powers. If the body acts in a way that is beyond its powers, then it will be said that it has acted in an "ultra vires" way.
No sharp objects sign at Gatwick Airport.
Bombardier CX-100 people mover at Gatwick Airport ...
Gatwick Airport Monorail.In general terms, the acting of an administrative body in an ultra vires way can be described as an abuse of power, which gives grounds for judicial review. The procedure for a judicial review is that the person who wishes to question the actions of an administrative body will apply to the Divisional Court of the High Court for a judicial review. For the applicant to be allowed a judicial review, he will have to have "sufficient interest" in the matter, also known as having "locus standi".
The grounds for judicial review are never exhaustive and they present the variety of principles that govern the variety of ways in which administrative power may be abused or unlawfully exercised.
The case of R (on the application of Medway and Kent Councils, Essex County and Norman and David Fosset) v Secretary of State for Transport QBD, Admin.