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PL 14-19 18/19 Judicial review - some background points (:question:What is…
PL 14-19 18/19 Judicial review - some background points
:question:
What is JR?
Not an
appeal
: the procedure allows the courts to look at whether a decision has been made
correctly
according to law (i.e. the courts are not looking at the
merits
of the decision)
The mechanism by which the judiciary ensures - by scrutinising the actions of public authorities & officials) that the executive acts within powers it has been granted by Parliament - that decisions have been made in the correct way/that the relevant powers have not been exceeded/abused
JR is one part of administrative law. More and more governmental agencies exist to deal with a variety of areas: JR is an area of law that has greatly expanded with the expansion of government.
What are the limitations of JR?
A number of preliminary requirements must be met in order for JR to proceed
Judiciary may only review the validity of the decision/process - may not assess the merits of the decision
(Limitations ensure that JR is compliant with SoP; PSov)
:bulb:
Why is JR important in a
constitutional context?
'The
Rule of Law
in action' - ensures the executive acts in accordance with the law - holding the executive to account
Supports the
SoP
- courts ensure everyone, including the executive, acts according to the law
Supports
PSov
- courts are upholding the will of Parliament by making sure gov't acts in accordance with Parl's wishes
Additional points
JR satisfies rule of law requirements in various ways - e.g. generous rules on standing - courts are increasingly accepting challenges from a range of interested parties; courts are being less strict about amenability: expansion of scope of JR to bodies that aren't purely 'public'; disregarding of full ouster clauses.
Also upholds interests of state/general public interest (i.e. general executive efficiency) ; achieves through v tight time limits; and arguably through procedural exclusivity (though courts are more flexible now).
:checkered_flag:
Main grounds of JR
PROCEDURAL IMPROPRIETY
(need for govt to
act fairly in accordance with proper procedure)
UNREASONABLENESS
(aka 'irrationality')
(of the decision making process)
ILLEGALITY
:black_right_pointing_triangle_with_double_vertical_bar:
Preliminary requirements
i.e.: what are the preliminary requirements which must be satisfied before a substantive application for the judicial review of a decision can be heard?
Amenability
Procedural exclusivity
Standing
Time limit
Ouster clauses
:smiley_cat::
Remedies
Damages: possible but unusual
Mainly court orders (quashing order/prohibitory order/ mandatory order/declaration/injunction