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" PROPER SCOPE OF JUDICIAL REVIEW PROPER SCOPE OF JUDICIAL REVIEW BY A. K. BROHI   PAPER PRESENTED TO THE THIRD COMMONWEALTH & EMPIRE LAW CONFERENCE HELD IN SYDNEY (AUSTRALIA) FROM 25TH AUGUST TO 1ST SEPTEMBER 1965   The answer to the question: What ought to be the scope of the power of `judicial review', can be returned only after an examination of the concept of `judicial review' as it has been evolved and applied in the English‑speaking world in the course of the last two hundred years or so. This would admittedly be an exercise in normative jurisprudence. The aim of the exercise would 'be to ascertain the reasons that have been responsible for the evolution and application of the doctrine of `judicial review' just to be able to set the limits within which its reach, in principle, ought to be confined.   The doctrine of `judicial review', to begin with, was invoked primarily to discover the precise nature of the authorisation under which an organ or the agent of sovereign power had been charged to act with a view to determining whether or not, while professing so to act, it had transgressed the limits within which that power was really available to it. Broadly speaking, the doctrine of judicial review has reference to the power of Courts to enforce and apply the doctrine of ultra vires. The question in each case for the judicial power is: "Is the, power exercised by a public functionary, be that provision contained in the undamental or the ordinary law, within the scope of the authorisation conferred by a given provision of law? The Courts of law, by means of the exercise of power of judicial review, maintain the supremacy of law (be it fundamental or ordinary) and they achieve this by declining to give any legal effect to those acts…
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