Judicial Review

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4 Terms

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Key roles

  • Ensure govt doesn’t act ‘ultra vires’ (overstep)

  • Assert rights of citizens

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Human Rights Act 1998 impact on judicial review

  • Bought human rights to the UK by putting it in British law, when before those who wanted to make a human rights challenge had to travel to European courts

  • Allowed courts to review actions that contravene the ECHR

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Human Rights Act 1998 impact on judicial review - statistics

2000-2019

  • 42 declarations of incompatibility with the ECHR

    • 10 overturned by appeal

    • 23 addressed by govt

    • 2 govt proposals to address

    • 5 rulings under consideration

    • 2 subject to appeal

  • Civil Partnership act declared incompatible with the ECHR as discriminated against heterosexuals

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Grounds for JR

  • Illegality

  • Procedural impropriety - the process through which the decision was made was biased

  • Irrationality

  • Breach of the HRA 1998

  • Ultra vires

  • (not anymore) EU law was binding on PM and govt institutions