Notes for Judicial Review Lecture

Introduction to Judicial Review

Key Concepts:

  • Understanding administrative law and judicial review: Administrative law governs the activities of administrative agencies of government. Judicial review serves as a mechanism to ensure that administrative decisions adhere to the law.

  • Exploring available remedies in judicial review: Remedies available can vary significantly, but they generally seek to ensure fairness and legality in administrative actions and include various court orders.

  • Understanding the permission stage of judicial review: This initial stage serves as a filter to evaluate the legitimacy of a claim before it proceeds to a full hearing, ensuring that only meritorious cases are considered.

Constitutional Law vs Administrative Law

Difference:

  • Keith (1931): Administrative and constitutional law distinctions are artificial, indicating that the two areas interrelate and overlap in practice.

  • Webley & Samuels (2021):

    • Constitutional law: Focuses on the framework of the state, including the structures, roles, and powers of political and judicial institutions, facilitating governance and legal order.

    • Administrative law: Encompasses the rules governing the organization and operation of executive powers, ensuring that public authorities act within the law and respect the rights of citizens.

Separation of Powers

Roles of Government:

  • Executive: Implements laws through various government departments and agencies, responsible for policy-making and administration.

  • Judiciary: Interprets laws through judicial review and resolves disputes, safeguarding the constitution and protecting citizens' rights.

  • Parliament: Creates laws that govern the state, representing the electorate and holding the government accountable through legislation and oversight.

The Government Structure

Core Executive:

  • Complex network including the Prime Minister, selected ministers, civil servants, local councils, and over 400 agencies, all of which collectively exercise significant state powers, such as military, police, and healthcare services.

Administrative Law Defined

Scope and Nature:

  • Governs public bodies and authorities, detailing their powers, functions, and procedures.

  • Promotes legality, reasonableness, and fairness in administrative decision-making, ensuring decisions are made in accordance with the law and with consideration for affected individuals' rights and interests.

Evolution of Administrative Law

Historical perspective:

  • Various phases from pre-revolutionary England to the 21st century illustrate the evolution of public law, leading to the development of specialized administrative courts that enhance transparency and oversight in public administration.

Judicial Review Overview

Definition:

  • A court procedure in England and Wales for assessing the lawfulness of decisions made by public bodies, aimed at ensuring that these decisions are made correctly according to the law, with fair procedures.

  • Stages:

    • Two stages: permission and merits (with a focus on the permission stage today) which determines if a claim is worthy of being heard.

Judicial Review Characteristics

Supervisory Jurisdiction:

  • An inherent part of the court's functions, maintaining checks on public bodies to ensure compliance with laws and procedures.

  • Review vs Appeal:

    • Judicial review centers on the lawfulness of decisions rather than the merits of these decisions, emphasizing legal adherence over discretionary judgment.

Challenges to Parliamentary Sovereignty

  • Courts are cautious of attempts to remove governmental actions from judicial scrutiny to maintain the balance of power and reinforce democratic accountability.

Examples of Judicial Review

  • Heathrow Expansion:

    • The case demonstrated flawed public consultation, necessitating a redo using accurate data to inform the decision-making process.

  • Employment Tribunal Fees:

    • The imposition of fees was viewed as hindering access to justice, resulting in being deemed unconstitutional under judicial review.

  • Proroguing Parliament:

    • The attempt to unlawfully extend the session of Parliament was declared void based on judicial review principles.

  • Sport Classification:

    • A judgment concluded that bridge does not classify as a sport due to the lack of required physical activity, illustrating judicial review's role in arbitrating definitions and classifications.

Constitutional Role of Judicial Review

  • Upholds separation of powers, the rule of law, and parliamentary sovereignty, reinforcing the integrity of governance and citizen rights.

Grounds of Judicial Review

  • Lord Diplock's Classification:

    • Encompasses illegality, irrationality, and procedural impropriety; with future potential for introducing proportionality as an additional ground for challenges.

Parliamentary Sovereignty and Judicial Review Exclusions

  • Parliament has the authority to pass legislation excluding specific decisions from judicial review through mechanisms such as ouster clauses, allowing certain actions to evade judicial examination.

Judicial Review Procedure

  • Often statutory in nature, requiring permission as a prerequisite to initiate a claim, thereby filtering cases through initial judicial scrutiny.

Available Remedies in Judicial Review

Types of Remedies:

  • Options include a quashing order to nullify decisions, prohibiting orders to prevent actions, and mandatory orders to compel action, along with potential injunctions, damages, and declarations aimed at increasing fairness and accessibility.

Judicial Review Thresholds

Amenability:

  • Identifies who can be reviewed, typically bodies exercising public functions, to determine accountability in decision-making.

  • Justiciability:

  • Ascertains what subjects may be reviewed, ensuring courts engage only on suitable matters.

  • Standing:

  • Requirements for claimants demand a sufficient interest to pursue claims, filtering out frivolous challenges while allowing legitimate grievances.

Permission Stage of Judicial Review

  • Administrative Court serves as the specialist court focusing on procedural compliance and protecting interests of both courts and respondents, ensuring quality control in judicial processes.

Key Aspects of Permission Stage

Criteria for Claims:

  • Examines promptness of claim submissions, availability of alternative remedies, and the sufficiency of interest, allowing courts to maintain resource efficiency and prioritize serious claims.

Defining a Body Exercising a Public Function

  • Can encompass statutory and prerogative powers plus non-governmental entities engaged in the exercise of public functions, broadening the scope for accountability.

Section 6 of the Human Rights Act 1998

  • Defines 'public authority' and details its applicability to actions that are incompatible with Convention rights, further establishing accountability in public governance.

Core vs Hybrid Authorities

  • Core Authorities:

    • Predominantly governmental in nature; must adhere to public law norms.

  • Hybrid Authorities:

    • Function-specific; while not fundamentally governmental, they may be reviewed if they engage in public functions under certain conditions, extending oversight mechanisms.

Sufficient Interest in Judicial Review

  • Enables standing requirements to prevent misuse of the judicial process while allowing genuine claims to effectively challenge and seek redress for administrative decisions.

Advantages and Drawbacks of Judicial Review

Advantages:

  • Acts as a safeguard for legal accountability, allows for citizen engagement with government processes, and provides a mechanism for challenging authorities when rights are perceived to be violated.

  • Drawbacks:

  • Can lead to potential for unmeritorious cases clogging the judicial system, strains resources by requiring significant court time and attention, and risks politicizing the judiciary by embroiling it in controversial public policy debates.

Summary of Judicial Review

  • A constitutional procedure crucial for maintaining legality in decisions made by public authorities; plays essential roles in reinforcing the principles of sovereignty, rule of law, and the separation of powers that underpin democratic governance.