When studying human rights, you need to understand the nature and scope of each right as well as how they can be protected and enforced. One key mechanism in securing the protection of individual rights in the English legal system is the use of judicial review procedure in the High Court. It is important that you understand its significance and how it can be used to ensure that public bodies act within the law and respect fundamental rights.
You are likely to have encountered judicial review in the context of delegated legislation, where it can be used to ensure the legislation has be enacted within the powers granted by Parliament and that correct procedures have been followed. Although that aspect of judicial review is important, the procedure is more commonly used in relation to determining the legality of decisions made by public bodies (or private bodies exercising a public function).
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