Intro to Juducial Review

Question 1

What is JR (Judicial Review)?

Answer 1

A special procedure assessing the lawfulness of decisions made by public bodies

Question 2

Distinguish JR from an appeal- key difference- case law example

Answer 2

This is not an appeal, as one is not arguing that the decision is wrong, one is arguing that it is unlawful, thereby has no effect
CASE LAW: ex parte Fewings 1995

Question 3

Important characteristics of JR- purpose

Answer 3

Supervisory Jurisdiction- ex parte Fire Brigades Union 1995
Review of the decision- not the evidence, but the way it was decided- Reid v Secretary of State Scotland 1999

Question 4

Is JR a challenge to Parliamentary Sovereignty?

Answer 4

the courts regard with particular suspicion any attempt to subvert the rule of law by removing governmental action affecting the right of an individual from all judicial scrutiny- Attorney General 2005

Question 5

What remedies are available?

Answer 5

Prerogative- invalidates the decision
Private- injunctions, Damages

Question 6

Define JR’s constitutional role

Answer 6

1. Separation of powers- inherent jurisdiction
2. Rule of Law- ensure government operates within the law
3. Parliamentary Sovereignty- statutory powers are exercised according to Parliament’s intentions

Question 7

Grounds of JR, identified by Lord Diplock in GCHQ case

Answer 7

Illegality, Irrationality, Procedural Impropriety

Question 8

Can JR be excluded, so are certain decisions not subject to JR? due to outer clauses?-besides Anisminic

Answer 8

R (Privacy International) v Information Commissioner 2019- 1.Lord Carnwath vs 2.Lord Wilson
1.- it is for the courts, not the legislature to determine the limits set by the rule of law
2.- every legal system has to identify some end-point beyond which there can be no further challenge

Question 9

What are the 2 stages of JR?

Answer 9

1. Permission Stage
2. Substantive Stage

Question 10

Permission Stage- case law principle/ policy goals

Answer 10

1. protecting the court
2. protecting respondents
   LeSueur 1992- compromise between 2 principle interests

Question 11

What is a body exercising a public function?

Answer 11

generally governmental bodies, making a decision using a statutory or prerogative power

Question 12

Consider the HRA- SECTION 6 (1)

Answer 12

it is unlawful for a public authority to act in a way which is incompatible with a Convention right
not liable for private actions section 6 (5)

Question 13

The court distinguishes between ‘core’ and ‘hybrid’ authorities- explain using judgements/cases

Answer 13

Core- according to Lord Nicholls in Aston Cantlaw 2003- ‘government in the broadest sense’
Hybrid-Lord Bingham in Birmingham City Council 2007- the extent to which the function is publicly funded or provides a public service

Question 14

What is the ‘sufficient interest rule’- not used under the HRA?

Answer 14

you need to prove you have good standing for JR. This is put in place to prevent abuse of JR.
Miller(Brexit)- can be very wide, in the sense that every UK Citizen can claim a good standing in beginning the Brexit process

Question 15

Link JR back to red/green light theories

Answer 15

Red- illegality is checked/bad decisions are expunged- courts intervene
Green- resources stretched/hampers administration