Comprehensive Legal Guide to Judicial Review

Core Definition: Judicial review is a specific type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.
Procedural vs. Substantive Focus:
- A judicial review serves as a legal challenge to the way in which a decision has been made, rather than examining the substantive rights and wrongs of the final conclusion reached.
- The court does not concern itself with whether the conclusions of the process were 'right', provided that the correct legal and procedural steps were adhered to.
Limitation on Judicial Substitution:
- The court will not substitute its own opinion or what it considers to be the 'correct' decision for that of the public body.
- As a consequence of this limitation, a public body may end up making the exact same decision again following a successful review, as long as it executes the decision-making process in a lawful manner.

Inappropriateness for Substantive Appeals: If the primary goal of an applicant is to argue that a decision was substantively incorrect or wrong on its merits, judicial review is generally not the appropriate mechanism.
Alternative Legal Routes: Individuals seeking to challenge the correctness of a decision should utilize alternative remedies, such as filing an appeal against the decision to a higher court.

Examples of public body decisions that fall within the scope of judicial review include:

Local Authority Duties: Decisions made by local authorities regarding their statutory duties to provide various welfare benefits and special education for children requiring such educational support.
Immigration Authorities: Certain decisions issued by immigration authorities as well as the Immigration and Asylum Chamber.
Regulatory Decisions: Decisions made and actions taken by regulatory bodies.
Penal System: Decisions concerning prisoner's rights.

Court Venue: Judicial review cases are brought before the Administrative Court.
Official Guidance Reference: Formal legal guidance outlining the procedure for bringing a judicial review case in the Administrative Court is documented in the Administrative Court Judicial Review Guide 2024(pdf).