Judicial Review

  • Created by: huth0
  • Created on: 21-05-17 17:50
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  • Judicial Review
    • Claimant cannot sue as of right and must use the application for judicial review process against public bodies if cause of action is public law
      • J/R is concerned with whether the administrative decision was lawful
        • 'Legal Pedigree' is power conferred on other bodies by parliament through statute
    • Must first exhaust alternative statutory remedies
      • Forbidden areas include any honest decision of government upon matters of national defence policy
      • J/R is possible if case not 'simple contract' but has "public law" element
    • Time Limit - The claim form must be filled promptly and in any event no later than 3 months after the ground to make the claim first arose
      • Promptness not included in cases involving challenges to decisions made to national laws implementing EU law
    • Two-Stage Process
      • Application for permission - ensures that meritless claims are weeded out without needless expense to the public body
        • Must have locus standi and AG has discretionary prerogative power to initiate cases
        • Must have sufficient interest in the matter to which the claim relates
        • Busybodies will not be granted permission
    • Grounds For J/R
      • Illegality - ultra vires - must consider relevant matter to decide how to use discretionary power
      • Administrator/public body must take into account relevant matter included in statute
      • Public body decision must be Wednesbury Reasonable

Comments

mr_nabeel

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great work

krist-vincu

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:)

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