2.1.3 The protection of human rights Flashcards
What is Judicial Review?
Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.
In other words, judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached.
It is not really concerned with the conclusions of that process and whether those were ‘right’, as long as the right procedures have been followed. The court will not substitute what it thinks is the ‘correct’ decision.
This may mean that the public body will be able to make the same decision again, so long as it does so in a lawful way.
If you want to argue that a decision was incorrect, judicial review may not be best for you. There are alternative remedies, such as appealing against the decision to a higher court.
What is a Protocol to the Convention?
A protocol to the Convention is a text which adds one or more rights to the original Convention, or amende certain of its provisions. Protocols which add rights to the Conventions are binding only on those States that have signed and ratified them. To date, 14 additional protocols to the ECHR have been adopted.
