Judicial Review

Flashcards on Judicial Review

Administrative Law

The law which governs the way in which executive powers are exercised.

The Executive

Includes the PM, Secretaries of State, Junior Ministers, government departments in general, civil servants working within them, local councils, 400+ agencies who carry out work on behalf of the government.

Administrative Authority Action

Includes rule making (particularly by government using delegated/secondary legislation), adjudication, and enforcement of specific regulatory agenda(s).

Administrative Law

Deals with the workings of the state, along with the statutory and common law powers and duties of government departments, local authorities and public bodies, and public authorities that assist in the everyday life of the country.

Purpose of Administrative Law

To ensure that public bodies/authorities act in a way which is legal, reasonable, and fair.

Judicial Review

A special court procedure which begins in the High Court (Administrative Division) to assess the lawfulness of decisions made by public bodies or of secondary legislation created by them.

Supervisory Jurisdiction

“part of the court’s ordinary function in the day to day administration of justice”

Judicial Review Court

Is not concerned with the merits of the decision under review.

Ultra vires

A traditional basis for judicial review.

Grounds for Judicial Review

Illegality, irrationality, and procedural impropriety.

Ouster Clauses

Legislation that attempts to prevent certain decisions from being subject to judicial review.

Quashing order (writ of certiorari)

A remedy available in judicial review.

Prohibiting order (writ of prohibition)

A remedy available in judicial review.

Mandatory order (writ of mandamus)

A remedy available in judicial review.

Justiciability

What can be reviewed in judicial review, subject matter and ouster clauses.

Standing

Who can claim judicial review, subject to the ‘sufficient interest’ test.

Judicial Review Permission Stage

A specialist court within the QBD of HCJ. JR has a two-stage process 1. Permission stage and 2. Substantive stage.

Objective of Permission Stage in Judicial Review

Protecting the court and protecting respondents.

Public authority under the HRA

Bodies ‘certain of whose functions are of a public nature’ can count as a public authority.

Sufficient Interest

Intended to prevent abuse by busybodies, cranks, and other mischief-makers.