Judicial review Flashcards
What is judicial review in the UK?
Judicial review addresses the legality of public bodies’ decisions, encompassing issues of power, rationality, fairness, human rights, and adherence to EU law (pre-Brexit).
What are the functions of judicial review?
It aims to uphold the rule of law, ensure government legitimacy, interpret statutes, adjudicate institutional relationships, protect individuals, and is influenced by cases like Associated Provincial Picture Houses v. Wednesbury Corporation [1948].
(Where the Wednesbury test was adopted = What would the reasonable authority do?)
How has judicial review evolved historically in the UK?
Transitioned from a supervisory jurisdiction over inferior courts to broader scrutiny of public administration, with landmark cases such as Ridge v Baldwin [1964] and Padfield v Minister of Agriculture [1968].
What can be challenged through judicial review?
Decisions, policies, statutory interpretations, delegated legislation, Orders in Council, and acts of devolved legislatures, grounded in principles like legality, fairness(proportionality), and rationality.
What is governed by Part 54 of the Civil Procedure Rules in judicial review?
Part 54 of the Civil Procedure Rules governs the procedure for judicial review, including the application process and considerations for granting remedies.
What remedies are available in judicial review cases?
Remedies include quashing, prohibiting, and mandatory orders, injunctions, declarations, and damages, subject to discretionary application.
What considerations are important in judicial review cases as outlined in R (Imam) v London Borough of Croydon [2023]?
Considerations include the applicant’s standing, delay in bringing the case, and the potential impact of the decision.
How has Brexit influenced the judicial review landscape?
Post-Brexit, the Conservatives’ 2019 manifesto indicated a potential reevaluation of judicial review’s scope and procedures, leading to the Judicial Review and Courts Act 2022.
What is the role of the Independent Review of Administrative Law (IRAL)?
IRAL was established to evaluate the scope and procedures of judicial review, influencing subsequent legislative adjustments.
How do the Human Rights Act 1998 and Equality Act 2010 interact with judicial review? (What cases demonstrate this?)
Judicial review enforces public authorities’ compliance with human rights and equality duties, as demonstrated in cases like Osborn v Parole Board [2013] and Kennedy v Charity Commission [2014], emphasizing the relevance of common law alongside statutory protections.
