Supervisory Nature Flashcards
(10 cards)
What does it mean that judicial review has a supervisory nature?
A. The court reviews the legality of the decision-making process but does not substitute its own decision
B. The court decides whether the policy was politically correct
C. The court imposes mandatory outcomes in all cases
D. The court acts as the final decision-maker on factual matters
A. The court reviews the legality of the decision-making process but does not substitute its own decision
Explanation: Judicial review is about supervising the legality, not the merits or correctness, of public decisions.
Which of the following best contrasts judicial review with an appeal?
A. Judicial review is limited to criminal cases
B. Judicial review focuses on process, while appeals focus on outcomes
C. Appeals are available only for statutory bodies
D. Appeals are only available to ministers
B. Judicial review focuses on process, while appeals focus on outcomes
Explanation: Judicial review looks at how a decision was made; appeals assess whether the decision was right or wrong.
What key principle did Lord Brightman state in Chief Constable of the North Wales Police v Evans [1982]?
A. Judicial review is concerned with the decision-making process, not the decision itself
B. Courts can rewrite policy
C. Police decisions are immune from review
D. All public decisions are subject to automatic annulment
A. Judicial review is concerned with the decision-making process, not the decision itself
Explanation: This case emphasises that the role of courts is to ensure lawfulness, not to impose their own views.
A government minister makes a decision within their powers, but the court believes it was a poor policy choice. What should the court do under judicial review?
A. Overturn the decision and implement its own policy
B. Decline to intervene, as judicial review does not assess policy merits
C. Suspend the minister
D. Call for a public vote
B. Decline to intervene, as judicial review does not assess policy merits
Explanation: Courts do not interfere just because a decision is unpopular or unwise — only if it is unlawful.
A claimant asks the court to replace a local council’s planning decision with its own. What is the court likely to say?
A. That the court must take over the decision
B. That its role is to supervise, not substitute the authority’s decision
C. That judicial review applies only to central government
D. That the planning law is not subject to judicial oversight
B. That its role is to supervise, not substitute the authority’s decision
Explanation: The court may quash unlawful decisions but will not substitute its own planning judgment.
What is the typical remedy if a decision is found to be unlawful under judicial review?
A. Automatic reversal of the decision
B. Financial damages and compensation
C. A declaration that Parliament must act
D. A quashing order returning the matter to the original decision-maker
D. A quashing order returning the matter to the original decision-maker
Explanation: A quashing order is the most common remedy — it allows the public body to reconsider lawfully.
Why are remedies in judicial review discretionary rather than automatic?
A. Courts lack power to enforce them
B. Judges must get ministerial approval
C. Courts may withhold remedies if it’s not in the public interest to intervene
D. Remedies are issued only on Fridays
C. Courts may withhold remedies if it’s not in the public interest to intervene
Explanation: Even if a public body acted unlawfully, courts may refuse a remedy due to delay, hardship, or public importance.
What distinguishes judicial review from merits-based review?
A. Judicial review focuses on subjective outcomes
B. Judicial review decides constitutional issues only
C. Judicial review evaluates process legality rather than policy wisdom
D. Judicial review applies only in criminal law
C. Judicial review evaluates process legality rather than policy wisdom
Explanation: Courts will assess if decisions followed lawful process, not whether they were right or fair in substance.
What does it mean when courts show deference in judicial review?
A. They suspend judicial review
B. They refer all cases to Parliament
C. They allow any decision to stand
D. They respect the discretion and expertise of public authorities in certain areas
D. They respect the discretion and expertise of public authorities in certain areas
Explanation: Courts are cautious when reviewing complex policy decisions, especially in areas like national security or economic policy.
What aspect of the rule of law does judicial review most directly support?
A. Democracy through elections
B. Executive control over Parliament
C. The separation of church and state
D. The requirement that all public authorities act within the law
D. The requirement that all public authorities act within the law
Explanation: Judicial review enforces legality, ensuring the executive is not above the law, thus upholding the rule of law.
