The Scope of Saudi Judicial Review and English Judicial Review Comparative Study

Abstract

Judicial review is one of the key mechanisms of control and supervision in administrative law, whereby the judiciary discharges the constitutional responsibility of protecting against any form of abuse of power, especially by public authorities. The area of access and availability of judicial review is complex and constantly changing due to advancements in the state’s functions on both national and international levels. As the core function of judicial review is to police the legal boundaries of administrative power. Judicial review is concerned only with public law matter to ensure there is no abuse of such power. In light of that, if the governmental or executive power has been changed or expanded, the scope of judicial review must be developed and expanded to adopt these changes. In Saudi Arabia, public administrations and society have undergone tremendous changes in the past few years. Since the Kingdom established its national "Vision 2030" in June 2016. The government and its power have been subject to intensive transformation and extensive legislation in order to translate the vision into action. Whereas in England and Wales, the court have been developing many approaches and methods in order to keep the public power under control and to benefit from normative foundation of judicial review. Therefore, this dissertation will examine the scope of judicial review in Saudi and English Law in the light of the bodies that are subject to judicial review and justiciability.