Public Law - Judicial Review

Question 1

What decisions can be judicially reviewed?

Answer 1

Only public law concerns regarding government actiontaken under statutory power, prerogative power, and de facto power only if the issue is justiciable.

Question 2

What is the Miller II case about?

Answer 2

The 5-week prorogation of parliament in 2019 was unlawful, it allowed courts the right to set the limit of prerogative powers

Question 3

Are prerogative powers subject to judicial review?

Answer 3

Yes they are

Question 4

Discuss the procedure of judicial review.

Answer 4

Judicial review isa type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.

Question 5

Who has standing? According to s 31(3) of the Senior Courts Act 1981

Answer 5

• Standing is whether or not someone has the legal capacity to bring a claim.
• Rules of standing aren’t set in stone.
• Anyone who hasa sufficient interestin the matter can do this.

Question 6

Remedies available in judicial review proceedings.

Answer 6

The court may not wish to issue a remedy even if a public authority has acted unlawfully if it is within the public interest to do so.