Lecture 19: Intro to JR Flashcards
(12 cards)
What is Judicial Review?
Judicial Review is a legal process where courts check if public bodies have acted lawfully.
It focuses on the legality of decisions, not whether the decision was right or wrong.
What is the list of JR?
Said to have been exercised unlawfully
Make an application or petition for judicial review
Petitioner/claimant argues on the basis of recognized grounds of review
Courts consider the legality as opposed to the merits of the decision
Courts decide what remedies, if any, to award
What are the key principles behind Judicial Review?
The key principles behind Judicial Review are separation of powers, rule of law, accountability of public bodies, and Parliament sovereignty
What does the ultra vires doctrine mean in Judicial Review?
In Judicial Review, ultra vires means a public body has gone beyond its legal powers granted by Parliament.
What did the GCHQ case highlight?
The GCHQ case 1985 highlighted how JR is used to control executive actions and uphold the rule of law.
What did Lord Neuberger say in R (Evans) v Attorney General about Judicial Review?
In R (Evans) v Attorney General [2015] , Lord Neuberger said it is fundamental to the rule of law that executive decisions are reviewable by the courts.
What reform act changed Judicial Review in 2022?
The Judicial Review and Courts Act 2022 introduced key reforms such as courts can delay or limit remedies and ended Cart judicial reviews.
What are two recent major Judicial Review cases?
Two major JR cases are:
1)AAA v SSHD [2023] – challenging the Rwanda asylum policy,
2) River Action UK v Environment Agency [2024] – over pollution in the River Wye.
What is the purpose of Judicial Review under common law?
Under common law, the purpose of Judicial Review is to uphold the rule of law and ensure that public bodies act within legal and constitutional limits.
What does it mean that there is “no single justification for Judicial Review”?
no single justification for Judicial Review means JR is supported by both ultra vires and broader common law principles. This is seen in cases such as Evans [2015]
What is the most common subject matter in Judicial Review cases?
Immigration is the most common subject in JR cases, especially claims made against the Home Office.
What did the court decide in Soering v UK (1989) regarding proportionality?
In Soering v UK (1989), the court held that limits on rights must balance public interest and individual rights under Articles 8–11, applying the principle of proportionality.
