Introduction to Judicial Review Flashcards
Describe the function of public law.
Public law constitutes and regulations the institutions within the state and the relationships between those institutions and individuals.
What is the constitutive task of Public Law?
To create or recognise state institutions and confer powers
What is the regulative task of Public Law?
To prevent the overexertion of power from governmental institutions and public bodies through political and legal checks. Protect the rights of the individual
What is the principle of legality in terms of Public Law ?
All exercise of public power must be legal. Any decision or measure taken by public or governmental institutions must have some source of legal authority.
There are always legal limits of power.
What political accountability mechanisms exist?
Politically, the role of Parliament is to hold the executive accountable.
(Question time, role of opposition)
What legal accountability mechanisms exist?
Judicial review of governmental action
What is the objective of judicial review ?
To allow individuals who believe they have been treated unfairly by public authorities to go to an independent third party (courts)
What is the role of administrative law?
Regulates the composition, procedures and powers and duties of any public bodies
How does judicial review differ from an appeal?
Judicial review is concerned with the legality of the decision or act and how it came to be. Not the merits of the decision or act (whether it was the right decision or not)
Where did judicial review come from?
Judicial review was developed by the courts themselves and is part of their inherent power
What is JR described in West v Secretary of State 1992 ?
“regulate the process by which decisions are taken by any person or body to whom a jurisdiction, power or authority has been delegated”
What does West v Secretary of State 1992 describe as the purpose of JR?
“To ensure that the person or body does not exceed or abuse their jurisdiction”
