67
so that the courts will no longer avoid adjudicating
on the legality of a decision merely because it has
been
debated
and
approved
in
Parliament.
(R
V.
Secretary of State Home Department (2001) EWCA Civ
789). Judicial review also goes some way to answering
the age-old question of ‘who guards the guards?” by
ensuring
that
public
authorities
responsible
for
ensuring accountability of government do so within
the
boundaries
of
their
own
lawful
powers.
(De
quote
the
Smith’s Judicial Review. P.6-7).
In
this
juncture
it
is
apt
to
observations of Prof. Schwartz, the Constitution of
the United States, Vol –I:
“An organic instrument is naught but empty words
if
it
cannot
judicial
be
review
constitution
morality.....”
enforced
that
more
The
by
makes
than
mere
universal
the
the
Courts.
provisions
maxims
sense
of
of
It
of
is
a
political
America
has
come to realize that there can be no constitution
without law administered through the Supreme Court.
When, in a real controversy, an appeal is made to
law, the issue must be left entirely to the judgment