11.6: Judicial review Flashcards
Is judicial review an appeal?
No. It is not about whether the decision was right, but whether the process was lawful and fair.
Which court primarily hears judicial review claims?
The Administrative Court in the King’s Bench Division of the High Court (or the Upper Tribunal for specific cases).
Who can be subject to judicial review?
Public authorities and private bodies exercising public functions.
Can primary legislation be judicially reviewed?
No, but it can be subject to a declaration of incompatibility under the Human Rights Act 1998.
Who has standing in judicial review?
Anyone directly affected or with sufficient interest in the issue. Must show that they have standing.
What is the time limit for judicial review claims (non-planning)?
Promptly and within 3 months of the decision. General guidance is that a claim should be brought as soon as possible.
What is the time limit for planning-related judicial reviews?
6 weeks.
Name the 3 main remedies in judicial review.
Quashing order, mandatory order, prohibiting order.
What is a quashing order?
It nullifies a decision and requires it to be remade lawfully.
What is a suspended quashing order?
A delay in quashing to give the public body time to correct the issue.
What is a mandatory order?
An order requiring the body to perform a legal duty.
What is a prohibiting order?
An order preventing a body from acting beyond its powers.
When can damages be awarded in judicial review?
Only in addition to another remedy; rarely granted.
What is a declaration of incompatibility?
A statement that legislation is incompatible with human rights (for primary legislation only).
What are the 3 main grounds for judicial review?
Illegality, irrationality, procedural impropriety.
What does ultra vires mean?
Acting beyond the legal powers granted.
What is fettering discretion?
Applying a rigid policy without considering individual cases.
What is Wednesbury unreasonableness?
A decision so unreasonable that no reasonable authority could have made it.
What does procedural ultra vires mean?
Not following required procedures when making a decision.
Is judicial review a first resort?
No – it is a last resort after other remedies (e.g., appeals, complaints) are exhausted.
