Introduction

Question 1

What is judicial review?

Answer 1

Judicial review is the process of challenging the lawfulness of decisions of public authorities, usually local or central government.

Question 2

“Supervisory” role

Answer 2

The court has a “supervisory” role - making sure the decision maker acts lawfully. It is defined in part 54 of the Civil Procedure Rules 1998 as (insert details from statute book)

Question 3

What is JR concerned with

Answer 3

The decision making process rather than the decision itself. This highlights the difference between ‘appeal’ and ‘review’ - during an appeal, the court has the power to decide whether the decision is right or ring and can substitute it with their own view

Question 4

breaching SOP

Answer 4

This is important as if the judiciary did focus on the decision and substitute it with their own, they would effectively be overriding the wishes of the elected authority, breaching their separation of power

Question 5

What does JR involve

Answer 5

A two stage process: application for permission and judicial review hearing

Question 6

What relationship does the JR have with the unwritten constitutional principles of the UK

Answer 6

Separation of powers
Parliamentary sovereignty
Rule of law

Question 7

Separation of power

Answer 7

The process of the judicial review allows the court to act as a check and balance on government decisions. This system of check and balances is important as it prevents branch of government from exceeding their power

Question 8

Parliamentary sovereignty

Answer 8

Furthermore, through only reviewing the decision making process and not the decision itself, the courts are upholding parliamentary sovereignty through judicial review

Question 9

Rule of law

Answer 9

Finally, the executive must be able to justify its actions according to the law. This supports AV diceys interpretation of the rule of law that no one is above the law, not even the government