Judicial Review Flashcards
Judicial review is a judicial process which allows courts to scrutinise the actions of the ___________
Executive
Judicial reviews looks into whether the _______ used to make the ________ was within law
process, decision
Judicial review is available only against decisions made by ______ ______
Public bodies
If a person seeking JR has a ________ with the public authority whose decision is being questioned, ________ law will govern and judicial review is not available
contract, private
Application for JR will be denied if ruling in Applicant’s favour would not ___________ ______ the applicant’s outcome
substantially change
JR applications must be brought _______, and no later than _ ________ after the issue arose
Promptly, 3 months
JR of a planning decision of land use must be brought _ _______ from the date of the decision
6 weeks
If a matter mixes public law and private law issues, they can be reviewed in a _______ ___ proceeding
private law
An applicant for judicial review must have _________
standing
The test for standing for JR is the ________ ___________ test
sufficient interest
_______ do not usually have standing, but if they are
Responsible
well ____________
has ___________
There’s unlikely to be an alternative __________
a court will find sufficient interest
Groups, resourced, expertise, claimant
Ground for JR
A claim for illegality may be based on an assertion that the public authority:
Acted ______ _____,
Failed to comply with a specific ______ ____, e.g. by not considering eliminating discrimination
Unlawfully ___________ their power to another
Took into account __________ __________
Acted under an ______ __ ____
ultra vires, legal duty, delegating, irrelevant considerations, error of law
What is the Public Sector Equality Duty?
A specific legal duty that public authorities must comply with, focusing on the protection and advancement of those with protected characteristics
Can ouster clauses (those which state the decisions of the authority cannot be challenged) be challenged themselves? If so, when?
Yes - the courts can hear the case to determine whether the action was legal
Ground for JR
Procedural impropriety focuses on whether the decision maker complied with the procedures outlined in the statute delegating the power. Decision can be found invalid for:
Failure to follow ______________ ____________
Failure of the common law right to be _____
Failure of the common law right to an _______ decision maker
Failure of the duty to ________
Failure of the duty to give _______
Failure to meet __________ ___________
Failure to make a __________/rational decision
mandatory requirements, heard, unbiased, consult, reasons, legitimate expectations, reasonable
When will a right to be heard almost always arise?
In the case of forfeiture (meaning where a person is deprived of their right)
What is the test for actual bias?
What does a finding of actual bias result in?
Decision maker has a financial interest or a non-financial/personal interest which is closely connected to issues raised in the decision
Decision is held to be unlawful and the decision maker is automatically disqualified
What is the test for apparent bias?
If a fair minded observer informed of the facts would conclude there was a real possibility of bias, then the decision would be held unlawful
Failure of a duty to consult only arises when:
There is a _________ duty to consult
There’s been a ________ to consult
Failure to consult would lead to ___________
statutory, failure, unfairness
Failure of duty to give reason only arises when:
Subject matter is __________
The decision appears to be __________
important, aberrant
In what two situations can a failure to meet legitimate expectation arise?
- Explicit promise or assurance,
- Previous action by a public authority
The test for irrationality/unreasonableness of a decision:
The decision must be so __________ in its defiance of logic or of accepted ______ _________ that no _________ person who applied their mind to the question could have ever arrived at it
outrageous, moral standards, person
Name 5 remedies if a JR claim is successful
- Quashing order
- Mandatory order
- Prohibiting order
- Injunction
- Declaration
Can JR remedies be combined?
Yes
Are JR remedies mandatory?
When does a court not have to grant a remedy?
No
If the decision has already been relied upon or the remedy would not make a difference
Can a public authority reach the same decision if the original one is quashed and they rehear the issue?
Yes
