judicial review Flashcards
what is judicial review?
where the courts will scrutinize something
the process by which the legality of the exercise of public functions may be challenged in the UK
what must the applicant do in order to be allowed to bring an action in judicial review?
pass five procedural hurdles
what are the five procedural hurdles?
- claim concerns a matter of public law
- their claim has not become time barred
- their claim is being brought against public authority
- they have locus standi
- there is no ouster clause that restricts the court’s jurisdiction to hear their claim
what is public law?
body of legal rules which governs and regulates the relationship between the individual and the state
how does the applicant avoid being time barred?
must bring action within 3 months of the date of occurrence of the action or decision they wish to challenge
how do you tell if the body is a public authority?
if their powers are derived from statute or royal prerogative this usually indicates public authority
is it exercising public functions?
what is locus standi?
the right to bring an action or to appear in court
in order to have locus standi the application must demonstrate they have sufficient interest in the subject matter of their claim
must have been directly affected by the decision of a public body
what is an ouster clause?
clause that is inserted into a piece of legislation which attempts to exempt certain acts and/or decision of the executive from being susceptible to judicial review
what are the remedies available from judicial review?
a quashing order - nullifies the decision which has been challenged
a prohibiting order - court makes an order than forbids the authority from acting in a certain way
a mandating order - where the court makes an order that specifies that a public authority must do a certain thing
an injunction - can forbid an authority from acting in a certain way
damages
a declaration of a question of law
