Constitutional

Question 1

What is judicial review?

Answer 1

The method by which the courts can review and scrutinise the actions of the executive

Question 2

In judicial review, what are the courts generally concerned with, and not concerned with?

Answer 2

Concerned with: legality of a decision
Not concerned with: merits of a decision

Question 3

Judicial review is available only against decisions of what type of bodies?

Answer 3

Public bodies

Question 4

What are the two stages of judicial review?

Answer 4

1. Permission stage
2. Full hearing

Question 5

When must judicial review proceedings be brought, and what is the absolute time limit for (1) general claims and (2) planning decisions?

Answer 5

Promptly, no later than six weeks for planning decisions and three months for all other matters

Question 6

What does the principle of procedural exclusivity provide?

Answer 6

That public law issues must be resolved via judicial review rather than through ordinary private law procedures

Question 7

What must be true of a situation or dispute before judicial review is available?

Answer 7

It must be a live dispute/situation, and not be hypothetical

Question 8

To show that they have standing, what must a claimant show, and at what stage is this assessed (unless the position is not obvious)?

Answer 8

Claimant must show they have a sufficient interest in the issues, and this is assessed at the permission stage, or the full hearing stage if the position is not obvious

Question 9

What is the more recent departure from the general position that a group of people lacking standing do not acquire standing by forming a group?

Answer 9

A group can be deemed to have a sufficient interest if:

1. The group is responsible, well-resourced, has expertise, and/or
2. There is unlikely to be an alternative claimant

Question 10

Is the test for standing for judicial review more strict or lenient than the test for standing under the Human Rights Act?

Answer 10

It is more lenient for judicial review where all that is required is a sufficient interest. A claimant must be a victim to bring a claim under the Human Rights Act.

Question 11

What topics does the full Constitutional Law deck contain, and how do I access it?

Answer 11

The full deck contains over 200 flashcards dealing with the SRA syllabus:

• UK Constitutional Principles;
• Parliament;
• Monarch, Crown, and Royal Prerogative;
• Central Power and Accountability;
• Devolution;
• Judicial Review;
• Human Rights Act 1998;
• Public Order Law;
• The Place of the EU in the UK Constitution.

Access is currently £25 per full subject, e.g. Constitutional, or £250 for access to all 16 SQE1 decks / £200 for 13 SQE2 decks. Visit www.cleverprep.co.uk to arrange full access.