PL 14-19 18/19 Judicial review - some background points ( :question:What…
PL 14-19 18/19 Judicial review - some background points
What is JR?
: the procedure allows the courts to look at whether a decision has been made
according to law (i.e. the courts are not looking at the
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)
Why is JR important in a
Rule of Law
in action' - ensures the executive acts in accordance with the law - holding the executive to account
- courts ensure everyone, including the executive, acts according to the law
- courts are upholding the will of Parliament by making sure gov't acts in accordance with Parl's wishes
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).
Main grounds of JR
(need for govt to
act fairly in accordance with proper procedure)
(of the decision making process)
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?
Damages: possible but unusual
Mainly court orders (quashing order/prohibitory order/ mandatory order/declaration/injunction