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
- J/R is concerned with whether the administrative decision was lawful
- 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
- Application for permission - ensures that meritless claims are weeded out without needless expense to the public body
- 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
- 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
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