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Judicial Review - Coggle Diagram
Judicial Review
Procedural Requirement
Standing where they need to follow the criteria of the SCA and have 'sufficient interest' in the proceedings. Mere busybodies will be excluded and the second test is one of discretion ie what the body is, and what are there intentions. Sufficient interest in R Inland Comissioner which means a prima facie case and a logical connection between the complainant and the case
Greenpeace were granted standing as a body which had sufficient interest and brought forward a claim that others were not able to
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Time period (usually three months), and six weeks if against the Secretary of state
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What is Judicial Review
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Judicial review is non political, meaning that people have to bring claims forward for review
Appeared during the increase in the welfare state, where there were more likely to be conflicts between the state and individuals (Oxford), and the procedure of judicial review was created by Lord Reid
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Illegality
GCHQ set the criteria for judicial review in 1985, one of which is illegality and is where a public body acts through an error of law, or an overuse of discretion (Lavendar)
An example of this is Wednesbury, where lawsuit was brought against Wednesbury coroporations for an overuse of their discretion, similarly in Padfield where Ministers acted outside of their discretion
Irrationality
A decision so unreasonable that no reasonable authority would have come to it, as seen in Wednesbury unreasonableness
Examples are Daly and Leicester, where public bodies acted in an irrational manner
Procedural Impropriety
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Statuotory Procedural Requirements whereby whether there is a statute on how things should be carried out
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Proportionality
In Pham, judges showed positive regard to this new change, and the government vowed to use it in the review of the pandemic proceedings, and was also mentioned in Daly as a potential new ground, and is used in HR law
HRA Claims
Substantial grounds - breach of human rights law and procedural requirements such as time, procedure etc and usually rewarded damages