Özet:

Since Dicey’s Introduction to the Study of the Law of the Constitution, it is accepted that the principle of parliamentary sovereignty and ultra vires are the basis of judicial review in the United Kingdom. According to these principles, the main role of the courts during judicial review is to police the boundaries stipulated by the Parliament. So one can expect that the main principles of judicial review can be found in the primary legislation. But it is known that especially since 1960s, the basic principles of administrative law and judicial review are not created by the the Parliament. In reality, they are creations of the courts. The courts usually create these principles by enlarging the ultra vires doctrine but whenever needed, they do not hesitate even to go beyond it. Some writers try to explain this development by modifying the ultra vires doctrine. But according to others, even the modified ultra vires doctrine is not able to explain this development and it is the time to accept that the basis of judicial review is common law in reality. This article mainly focuses on the decisions of the courts which made it possible to talk about a developed administrative law system in the United Kingdom. The traditional and modified ultra vires and common law doctrines are explained and it is argued that the developed administrative law system of the United Kingdom is now a serious example for the courts in other countries

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