#jr #law #public
judicial review is concerned with checking the exercise of public power. From a constitutional perspective, the courts should not be concerned with the merits of a decision, but rather with whether such a decision has been correctly made according to law. It is very important to appreciate that judicial review is not the same as appeal. The courts do not substitute their own decision for that of the decision-maker but can direct, for example, that the decision be made again in the correct manner. However, in certain cases, the findings of the judges arguably do come close to a criticism of the actual substantive merits of the decision under scrutiny.
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