The Distinction Between Appeal and Review within the English Legal System

"The distinction between appeal and review, which English administrative law has traditionally embraced, reflects the proper balance between judicial control and executive autonomy. However, the Human Rights Act 1998 fundamentally changes the nature of the relationship between the judiciary and the administration." Discuss.



In examining this statement, let us first consider the true nature of the distinction between appeal and review. One such distinction was illustrated in the case of Quigly v Chief Land Registrar (1993), whereby Lord Hoffmann LJ remarked that; "A right of appeal to the court is entirely a creature of statute". So it follows that there must be a specific statutory provision before an appeal to a court against the decision of a public authority is allowed. This is not so for judicial review, which can be described as, "...the exercise of an ancient and inherent supervisory jurisdiction…by which excess or abuse of public power may be restrained or remedied...