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Report No. 145

5.18. Function of judicial review.-

The function of judicial review was put by the House of Lords in words which are felicitous enough to deserve quotation:1

"it is not a sufficient answer to say that judicial review of the action of officers or departments of Central Government is unnecessary because they are accountable to Parliament for the way in which they carry out their functions. They are accountable to Parliament for what they do so far as regards efficiency and policy, and, of that, Parliament is the only judge; they are accountable to a court of justice for the lawfulness of what they do, and, of that, the court is the only judge."

1. Inland Revenue Commissioners v. National Federation of Self-Employed and Small Businesses Ltd, (1981) 2 WLR 722 (HL) (Lord Diplock).



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