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Judicial Review (Process and procedure (What is it?, What can it do?, Who…
Judicial Review
Process and procedure
What is it?
What can it do?
Who can bring an application?
Who can be judicially reviewed?
Legal basis of claims?
How to make an application
Constitutional justifications
Diplock classification from CCSU
Illegality
Errors of fact
Errors of law
Ultra Vires
Abusing discretion
Relevant/irrelevant considerations
Improper purpose
Unlawful delegation
Fettering discretion
Breaching s6 HRA 98
Irrationality
Definitions
Wednesbury
Manifestly unreasonable
Abusing discretion
Proportionality
What is it?
When can it be used?
Characteristics
Deference/Varying review
Heightened/anxious scrutiny
Political
High threshold
Sub grounds
Relevant/irrelevant considerations
Improper purpose
Failure to give reasons
Procedural impropriety
Express requirements
Consultation
Implied requirements
Rules of natural justice
Bias
Actual bias
Apparent bias
Right to a fair hearing
Know the case against you
Reasonable time to prepare case
Right to be heard
Right to representation
Reasons for a decision
Legitimate expectations