JR flashcards on the entire thing consolidated
(17 cards)
What is judicial review?
A: Judicial review is a legal process where courts supervise the actions of public bodies to ensure they act lawfully, rationally, and fairly. It is a remedy in public law, not private disputes.
What types of bodies can be subject to judicial review?
A: Only public bodies or bodies performing or exercising public functions—such as government departments, local authorities, and regulatory agencies—can be subject to judicial review.
Q: What are the four classic grounds for judicial review from the GCHQ case?
- Illegality
- Irrationality (Wednesbury unreasonableness)
- proportionality in human rights cases - Procedural impropriety
What is the meaning of ‘illegality’ as a ground of judicial review?
A: Illegality means the public body acted outside its legal powers, misunderstood the law, or took into account irrelevant considerations.
Q: What is Wednesbury unreasonableness?
A: A decision is irrational if it is so unreasonable that no reasonable authority would ever consider imposing it (Associated Provincial Picture Houses v Wednesbury [1948]).
What does procedural impropriety mean in judicial review?
A: It means failure to follow fair procedures, including breaches of natural justice (e.g., bias, lack of fair hearing).
Q: When is proportionality used in judicial review?
A: Proportionality is used when reviewing decisions that impact fundamental rights, especially under the Human Rights Act 1998 (ex parte Daly [2001]).
Q: What case restricted the use of ouster clauses to preserve judicial review?
A: Anisminic Ltd v Foreign Compensation Commission [1969]—The House of Lords held that an ouster clause did not prevent judicial review of an unlawful decision.
Who can bring a judicial review claim?
A: Anyone with “sufficient interest” in the matter, under s.31(3) Senior Courts Act 1981 (ex parte National Federation of Self-Employed [1982]).-
easier if they are directly affected but claims can also be brought if there is a community or public interest eg. environmental concerns
What is the time limit for bringing a judicial review claim?
The claim must be brought promptly, and in any case within three months from the date the grounds first arose (CPR Part 54).
What remedies are available in judicial review?
Quashing order
Prohibiting order
Mandatory order
Declaration
Injunction
Damages (only if another legal ground allows them)
What is a quashing order
quashing order invalidates a decision made by a public authority because it was unlawful. It is the most common judicial review remedy.
What is a prohibiting order (prohibition)?
A prohibiting order prevents a public body from acting unlawfully in the future—it stops a proposed unlawful act before it happens.
What is a mandatory order (mandamus)?
A mandatory order requires a public body to carry out a legal duty it has unlawfully failed or refused to perform.
What is a declaration?
A declaration is a formal statement by the court that clarifies the legal position or rights of the parties. It does not directly order action, but carries legal authority.
What is an injunction in judicial review?
A: An injunction is a court order stopping a public authority from acting unlawfully (similar to a prohibiting order) or compelling it to act lawfully (like a mandatory order). It may be interim or final.
Can damages be awarded in judicial review?
Only if a separate legal basis for damages exists, such as a tort, contract, or breach of a Convention right under the Human Rights Act 1998.
