no one decides to challenge the decision - no attention from the court
litigations takes time and money - no state funding available
challneges made against public bodies - intimidating
2.can only be challenged by certain people
only be challenged by a person who has 'standing' - someone directlyaffected by the legislation or the decision
3.imbalance of power
person challenging the DL - usually have to challenge a public body or government department - likely o have greater resources + funding to defend the legislation/ decision - huge power imbalance
4.strict limits on challenge
action will have to be launched within 3 months of the decision having been made + there will be no state funding or legal aid available for the challenge