Judicial Review

  • Created by: jesskeayy
  • Created on: 05-05-19 18:14
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  • Judicial Review
    • Principle means of enforcing the rule of law
      • Enables people to action of public authorities on the grounds that authorities have misunderstood, exceeded or abused their legal powers
      • Imposes legal accountability on public authorities, requiring them to justify legality of their actions to the courts
    • Grounds for review:
      • Illegality, irrationality, proportionality and procedural improprietry
    • Mostly concerned with legality of executive action, as there are many restrictions on what the courts can investigate
    • In England and Wales, judicial review claims are dealt with by the Administrative Court (QB High Court)
    • Claims available: 1. legislation hasn't been complied with.
      • 2. requirements of common law haven't been followed- e.g. way in which discretionary powers are exercised
      • 3. breach of s.6 HRA 1998, requiring compliance with convention rights in the act
      • 4. breach of requirement imposed by EU legislation
    • Application for review governed by The Rules of the Supreme Court, Order 53. Authority- s.31 Supreme Court ACT 1981
      • Order 53 replaced by s.54 of Civil Procedure Rules, governing judicial review procedures
    • Judicial review- focusses on relationship between parliamentary sovereignty and rule of law
      • Argued that it is for judges to only give force to parliament's intentions, rather than reviewing them
    • Purpose is to ensure that public bodies are not exceeding powers conferred by parliament- ultra vires
      • Judges play a crucial role in the democratic process, by ensuring public bodies act within powers conferred, even though they aren't elected
    • Criticised given that as judicial review is developed through judge-made decisions, it's unrealistic that they've been driven by PI
    • Jackson v Attorney General [2005] J claimed Hunting Act 2004 was unlawful, as it hadn't been passed through HOL. Claim failed
    • If a claim succeeds, it will go back to the original department, for the decision-maker to make a fresh decision
    • Permission: must persuade judge 1. claim made within time limits. 2. claimant has sufficient interest in case. 3. avenues of redress have been exhausted
    • R v Inspectorate of Pollution, ex parte Greenpeace:
      • Greenpeace objected Inspectors authorisation to discharge waste from nuclear site in Cumbria. GP had standing to bring the case, claim failed as it was not lawful on merit

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