Judicial Review

• What is judicial review?

  a mechanism that holds the government to account on public law matters
• What is the purpose of judicial review?

  • Allow the courts to ensure the executive and public bodies are not abusing their powers
  • Enables efficient public administration
  • Works as a part of checks and balances
• What is the constitutional basis for JR?

  • The Rule of Law - everyone is held accountable to the law
  • Parliamentary Sovereignty
  • Common Law
  • Human Rights - Article 6 of the ECHR guarantees a right to JR
• What is the process of JR?

  • Procedural Requirements
  • Substantive grounds for review
  • Remedies
• What are the procedural requirements of JR?

  • Standing
  • Amenability to judicial review
  • Procedural exclusivity
  • Within time limit
  • Ouster clauses
• What are the substantive grounds for JR?

  • Illegality
  • Irrationality/ Unreasonableness
  • Procedural impropriety
  • Proportionality
• What are the remedies for JR?

  Quashing order or prerogative order
• What are the procedural requirements for JR through Human Rights?

  • Standing
  • Defendant is a public body
  • Within the time limit
  • Within the jurisdiction
• What are the substantive grounds for review for JR through human rights?

  The action is

  • In breach of the Human Rights Act
  • Domestic law is incompatible with ECHR
  • Inconsistent with the Equality duty
• What remedies are available for JR through human rights?

  Damages and other orders
• What type of orders are there?

  • Quashing orders - quashes a past action
  • Prohibitory orders - forbid a future action
  • Mandatory orders - commands an authority to perform its duty