JR - Nature and Process Flashcards
(17 cards)
What is judicial review?
Judicial review is the process by which courts examine the lawfulness of the exercise of public power. It is not concerned with the merits of a decision, but whether it was made lawfully.
What is amenability in judicial review?
Amenability refers to whether the decision, action, or inaction in question is of a public law nature and therefore suitable for judicial review
When will self-regulatory authorities be subject to JR?
If they perform public functions that would otherwise need to be carried out by Parliament
When will self-regulatory bodies not be subject to JR?
When the relationship is essentially contractual or private
What is the test for standing in JR?
an applicant must have a “sufficient interest in the matter to which the application relates”.
When do representative bodies have standing?
If their members are directly affected and it is efficient to bring a collective claim
Can interest groups have standing?
Yes, where they have expertise and there are no better challengers:
ex p Greenpeace – significant support, expertise, genuine interest
ex p World Development Movement – rule of law, importance of issue, WDM’s role in overseas aid
Do ‘concerned citizens’ have standing?
Yes, if they have a sincere interest in the issue and no one else is better placed to bring a challenge (ex p Rees-Mogg).
What is the time limit for bringing a JR claim?
- Promptly
- No later than 3 months after grounds arose
- May be shorter under other enactments (e.g., 6 weeks for planning; 30 days for procurement)
Can time be extended?
Only by the court
What is a total ouster clause?
A clause that seeks to completely exclude the jurisdiction of the court to hear JR claims. Rare and usually not upheld.
What is a partial ouster clause?
A clause that limits the time within which JR can be brought. These are upheld by the courts
What is the first requirement before applying for JR?
Exhaustion of alternative remedies. If alternatives exist (e.g. appeals, ombudsman), JR may be refused
What is the two-stage process for judicial review?
- Permission stage (ex parte): Applicant must show standing, compliance with time, and an arguable case.
- Full hearing (inter partes): Grounds are argued in full with both parties.
What are the main remedies in JR?
(a) Quashing order – overturns the unlawful decision
(b) Prohibiting order – prevents a public body from acting unlawfully
(c) Mandatory order – compels the body to act
What are the secondary remedies available?
(d) Declaration – declares the legal position
(e) Injunction – compels/restrains action (more common as interim relief)
(f) Damages – only awarded where:
Damages would be available in private law
There is a breach of HRA 1998
Are JR remedies discretionary?
Yes – the court has discretion and may decline relief even if the claim succeeds on the merits
