Judicial review

Question 1

What is a judicial review?

Answer 1

Mechanism by which courts ensure public bodies act within their granted powers.

Question 2

Is royal prerogative exercised in making of treaties available for judicial review?

Answer 2

No

Question 3

What are the different grounds for judicial review

Answer 3

Illegality, Irrationality and procedural impropriety.

Question 4

What are the examples of illegality in judicial review?

Answer 4

Acting without authority, Rule of delegation, fettering of discretion, in-proper use of powers, dual purpose, error of law/fact.

Question 5

What must be satisfied for irrationality in judicial review?

Answer 5

Wednesday principle - So outrageous no sensible person could have arrived at it.

Question 6

What is a forfeiture case?

Answer 6

A case where there is the most to lose and therefore expect more from hearing to make it fair.

Question 7

What is a legitimate expectation case?

Answer 7

Where you expect established practice to continue.

Question 8

What is an application case?

Answer 8

Seeking a licence or membership - expect a lot less from hearing.

Question 9

What is procedural ultra vires?

Answer 9

Statutory procedural requirements

Question 10

What is legitimate expectations?

Answer 10

When decision-maker has led someone to believe they will receive a benefit.

Question 11

When would you use judicial review vs private law proceedings?

Answer 11

If it is public law judicial review if it is private private law proceedings.

Question 12

C can only seek judicial review if decision is made by a public body. What is the two part test for determining this?

Answer 12

1) Source of power test = Statute or delegated legislation?
2) If 1 not satisfied = nature of power test = exercising public law functions.

Question 13

What is the requirement of sufficient interest in judicial review?

Answer 13

Must have been personally effected by decision. Groups can have sufficient interest if role is relevant.

Question 14

What are the remedies in judicial review ?

Answer 14

Quashing order, Prohibiting order, mandatory order (Enforces performance).

Question 15

What is fettering discretion under judicial review ?

Answer 15

Acting under the direction of another or by applying a policy too rigidly

Question 16

What is dual purpose under illegality of judicial review ?

Answer 16

Two purposes for a decision where one is not compatible with the statutory aims

Question 17

What are the three academic theories concerning the constitutional justification for judicial review ?

Answer 17

• Common law theory
• modified ultra vires theory
• ultra vires theory

Question 18

What is ultra vires theory ?

Answer 18

Constitutional justification for judicial review is based on supremacy of parliament - courts must ensure public bodies do not act beyond powers conferred upon it by parliament

Question 19

What is common law theory justification for judicial review ?

Answer 19

Grounds for judicial review are principles of good and fair administration and natural justice.

Question 20

What is modified ultra vires theory for justifying judicial review ?

Answer 20

Whilst courts are upholding parliamentary supremacy - courts must also ensure that discretionary powers granted to public bodies exercised fairly and in accordance with rule of law

Question 21

What is the difference between a quashing order and a mandatory order ?

Answer 21

Quashing order is to set aside unlawful decisions

Mandatory order is to force an authority to consider an application lawfully if they haven’t yet.