Enforcement of Human Rights - Judicial Review A01

Question 1

Define Judicial Review

Answer 1

An individual may challenge the decision or action of a public body in the KBD of the High Court

Question 2

What act lays out the legal standing + what is this

Answer 2

Must have legal interest + be within 3 months under the Civil Procedure Rules

Question 3

Role

Answer 3

To review the case to see if the law was applied correctly and the correct procedures were followed

Question 4

Five examples of a public body

Answer 4

Government minister and government department
Local authority
Health authority
Chief constable
Prison governor

Question 5

What happens if an action or decision of a public body is deemed to be ‘ultra vires’

Answer 5

It will be declared void

Question 6

What are the 3 grounds an individual can challenge the action or decision of a public body with

Answer 6

Illegality
Fairness
Irrationality and proportionality

Question 7

What are the 3 types of ultra vires

Answer 7

Procedural
Substantive
Unreasonableness

Question 8

What is procedural ultra vires

Answer 8

procedure not followed

Question 9

What is substantive ultra vires

Answer 9

something that the enabling act didn’t intend

Question 10

What is unreasonableness

Answer 10

irrational or unreasonable, Picture Houses v Wednesbury