JUDICIAL REVIEW

Question 1

BRINGING A CASE

Answer 1

• secondary legislation
• public body
• Locus Standi
• within time limit

Question 2

SECONDARY LEGISLATION

Answer 2

• acts of parliament can not be challenged in courts

- challenge statutory instruments such as regulations rules and decisions of public bodies

Question 3

PUBLIC BODY

Answer 3

• action must be brought against a public body
• aga Khan 1993
• datafin 1987

Question 4

LOCUS STANDI

Answer 4

• does the person have a sufficient interest in case
• prevent abuse by busy bodies
• R v inspectorate of Pollution 1994 (weren’t directly affected) but because of resources were allowed

Question 5

TIME LIMIT

Answer 5

• rule 54.5 civil procedure rules states not later than 3 months after the grounds to make the claim first arose

Question 6

OUSTER CLAUSES

Answer 6

• attempts to exclude judicial review

- anisminic v foreign compensation commission 1969

Question 7

GROUNS FOR REVIEW

Answer 7

• Illegality
• Irrationality
• procedural impropriety

Question 8

IRRATIONALITY

Answer 8

• so unreasonable that no reasonable authority could ever have come to it (wednesbury 1948)
• so outrageous in its defiance of logic or accepted moral standards that no sensible person who applied hid mind to the question to be decided could have arrived at it GCHQ 1983

Question 9

IRRATIONALITY 2

Answer 9

• no review to most reviewable
• Non justiciable issues GCHQ
• policy A v SOS Home Dept 2004
• reasonableness test wednesbury
• human rights R v MoD ex p Smith 1995
• proportionality R (Daly) v Home Depot 2001

Question 10

ILLEGALITY

Answer 10

• ultra vires (outside of power)
  Attorney general v Fulham corp 1921
• irrelevant considerations
  R v port talbot borough council ex p Jones 1988
• unauthorised delegation of powers
  Barnard v national dock labour board 1953

Question 11

PROCEDURAL IMPROPRIETY

Answer 11

• Aylesbury mushrooms 1972
• bias would a person conclude that there was a real possibility that the tribunal was bias Porter v magil 2002
• fair hearing Cooper v Wandsworth board of works 1893
• legitimate expectations Liverpool taxi 1972
• giving reasons for a decision ex p Doody 1993 ex p institute of dental surgery 1994

Question 12

HUMAN RIGHTS

Answer 12

• it is unlawful for a public authority to act in a way which is incompatible with a convention right s. 6(1) HRA 98
• Article 8/10

Question 13

REMEDIES

Answer 13

• quashing order
• prohibiting order
• mandatory order
• declaration
• injunction
  ~interim/permanent
  ~ positive/negative
• damages