introduction to judcial review

Question 1

what is judicial review

Answer 1

goverened by 2 statutes:
1. Civil procedure routes part 54.1 gives a basic definition-“review the lawfulness; of an enactment or a decision, an action of failure to act in relation to the exercise of a public function”
2. seniot courts act

Question 2

purpose of judicial review

Answer 2

“ensures that the executive acts within the law”- Barnnett 2008
“an authority can not act outside the power (ultra vires) given to it or abuse that power. if it does so, then the coirts must have some power to intervene and award a remedy to the aggrieved citizen”- Leyland and woods 1999

Question 3

ultra vires

Answer 3

-only where things are ultra vires will the court get involved
-definition- an action by a company that exceeds the legal scope of its authority
-the traditional approach of ultra vires “is nowadays too limited a term to encompass the whole ambit of judicial review”- Barnett, so may be difficult to decide ultra vires now
-substantive (what happened in original case) + procedural (have all the rules been followed)

Question 4

national federation case 1982
example of purpose of holding government accountable

Answer 4

reaffirmed that that the pubic bodies are accountable to parliament but their scrutiny is regarding efficiency and policy addherance, parliament dont have the time to acess public bodies in individual cases
the courts complement this by looking at lawfullness- Lord Diplock

Question 5

the role of judicial review

Answer 5

-the courts power to intervene and to award a remedy to the aggrieved citizen
-courts should stick to their established framework aswell
-Reid v SOS for scotland 1999- lower courts should not have interevened as they looked at merits of case not legality so overturned (role of JR is to challege legal validity)

CPR 54. 19(2)- courts powers for quashing order
-courts may substitute its own decision for the decision to which the claim relates