judicial review Flashcards
judicial review
-the lawfulness of a decision made by a public body is challenged in the KBD of the high court.
-in order for someone to go through with judicial review they must have “standing” - they must have a sufficient connection to the claim
-3 month time limit
-can seek judicial review on 3 grounds:
illegality: ultra vires,
substantive-where you go beyond what you were lawfully allowed to do-fulham corparation
procedural - where the correct procedure isnt followed -aylesbury mushrooms.
fairness - everyone is entitled to a fair and pubic hearing.
irrationality & proportionality - the court must quash a decision if it is unreasonable - test set out in wednesbury - decision of a public body is unreasonable if no other reasonable body would have made the same decision -rodgers, women wasnt allowed drug and this was irrational and unproportional
remedies - what do you want from JR - may be seeking:
-damages
-quashed order
-declaration that it is unreasonable
