Introduction To Judical Review

Question 1

Constitutional significance of judicial review

Answer 1

• mechanism to ensure accountability of executive

* Challenges the processes by which a decision was made not the decision itself

Question 2

Which decisions are susceptible to judicial review?

Answer 2

To qualify:

1. ) Decision must be made by a public body -R v Panel on Takeovers and Mergers, ex Parte Datafin plc
2. ) The decision must be made under delegated powers

3.) bringing an action for judicial review must satisfy two elements:
- Prima facie (Case to answer)
- locus standi (right to bring a case)
Having sufficient interest in the matter - R v HM Inspectorate of Pollution ex Parte green peace

Question 3

R v Panel in takeovers and mergers, ex Parte datafin

Answer 3

Facts: • Panel was established in order to regulate the takeover and merger of companies
• Datafin sought JR of a Panel decision to reject a complaint which it had made

L.P: • Given the importance of the role, Panel could be regarded as a public body so it’s decisions could be subject to judicial review

Question 4

R v HM Inspectorate of Pollution, Ex Parte Greenpeace

Answer 4

Facts: • Environment campaign group Greenpeace sought to bring an action to challenge the policy of discharging toxic waste from sellafield nuclear plant into the Irish Sea

L.P: •Although Greenpeace not affected, they had resources and expertise and sufficient interest

Question 5

Council of Civil Service Unions v Minister for the Civil service (GCHQ)

Answer 5

Facts: • Government decides those who worked at GCHQ should not be allowed to join a trade union in case they go on strike
• Government altered terms of employment to prohibit union membership - Union sought JR

L.P: Lord Diplock: “ One can conveniently classify under three heads the grounds upon which administrative action is subject to control by judicial review. The first ground I would call “illegality”, the second “irrationality” and the third “procedural impropriety” “

Question 6

Remedies

Answer 6

Quashing order - overturns the original decision

Mandatory order - compels the decision maker to act in a certain way

Prohibiting order -prevents decision maker form making a decision which would be later be subject to a quashing order

Injunction

Declaration - a judicial statement of the legal position of the parties