Judicial review Flashcards
What is a judicial review?
Mechanism by which courts ensure public bodies act within their granted powers.
Is royal prerogative exercised in making of treaties available for judicial review?
No
What are the different grounds for judicial review
Illegality, Irrationality and procedural impropriety.
What are the examples of illegality in judicial review?
Acting without authority, Rule of delegation, fettering of discretion, in-proper use of powers, dual purpose, error of law/fact.
What must be satisfied for irrationality in judicial review?
Wednesday principle - So outrageous no sensible person could have arrived at it.
What is a forfeiture case?
A case where there is the most to lose and therefore expect more from hearing to make it fair.
What is a legitimate expectation case?
Where you expect established practice to continue.
What is an application case?
Seeking a licence or membership - expect a lot less from hearing.
What is procedural ultra vires?
Statutory procedural requirements
What is legitimate expectations?
When decision-maker has led someone to believe they will receive a benefit.
When would you use judicial review vs private law proceedings?
If it is public law judicial review if it is private private law proceedings.
C can only seek judicial review if decision is made by a public body. What is the two part test for determining this?
1) Source of power test = Statute or delegated legislation?
2) If 1 not satisfied = nature of power test = exercising public law functions.
What is the requirement of sufficient interest in judicial review?
Must have been personally effected by decision. Groups can have sufficient interest if role is relevant.
What are the remedies in judicial review ?
Quashing order, Prohibiting order, mandatory order (Enforces performance).
What is fettering discretion under judicial review ?
Acting under the direction of another or by applying a policy too rigidly
What is dual purpose under illegality of judicial review ?
Two purposes for a decision where one is not compatible with the statutory aims
What are the three academic theories concerning the constitutional justification for judicial review ?
- Common law theory
- modified ultra vires theory
- ultra vires theory
What is ultra vires theory ?
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
What is common law theory justification for judicial review ?
Grounds for judicial review are principles of good and fair administration and natural justice.
What is modified ultra vires theory for justifying judicial review ?
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
What is the difference between a quashing order and a mandatory order ?
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.
