Judicial Review Flashcards
What is the definition of Judicial Review?
Judicial Review ensures public bodies act within their legal powers and comply with legal principles governing decision-making
What are the origins of Judicial Review and what is it now grounded in?
Developed in the 17th century through prerogative writs
Now grounded in:
Part 54 of Civil Procedure Rules
Section 31, Senior Courts Act 1981
What distinguishes Judicial Review from an appeal?
Judicial Review focuses on process, not substance
What is the constitutional role of Judicial Review and what does it uphold?
Ensures public bodies act within the law
Upholds constitutional principles: Parliamentary Sovereignty, Separation of Powers, and Rule of Law
What are the 3 sources of Judicial Review jurisdiction?
- Ultra Vires Doctrine – Ensures public authorities do not exceed their powers
- Common Law Theory – Rooted in fairness, justice, and rationality
- Modified Ultra Vires Theory – Courts develop rules within Parliament’s general intent
What is the public/private distinction in Judicial Review?
Judicial Review applies to actions of public bodies, which derive powers from statute, delegated legislation, or non-statutory sources
Who has standing to seek Judicial Review?
Claimants must have a sufficient interest in the matter
What are the 3 grounds for Judicial Review?
- Illegality – Exceeding legal powers
- Irrationality – Unreasonable decisions
- Procedural Impropriety – Unfair or biased decision-making
What is the developing ground of Proportionality in Judicial Review?
Actions of public bodies must be proportional to their intended goal, emerging through Human Rights Act cases
What is the jurisdiction of last resort in Judicial Review?
Judicial Review is a remedy of last resort, and claimants must exhaust other remedies first unless the alternative is ineffective or unavailable
What are the 3 public law remedies in Judicial Review?
1) Quashing Orders (Certiorari) – Strikes down decisions
2) Prohibiting Orders (Prohibition) – Prevents decisions outside authority’s jurisdiction
3) Mandatory Orders (Mandamus) – Compels authorities to perform duties.
What are the 3 private law remedies in Judicial Review?
- Declarations – Clarifies legal rights or obligations
- Injunctions – Prevents execution of impugned decisions
- Damages – Rarely awarded unless a private law claim would succeed
When will the court refuse relief in Judicial Review?
Relief will be refused if it’s “highly likely” the outcome would not differ
What is an ouster clause and what is its effect on Judicial Review?
A clause in legislation which seeks to deny, or ‘oust’, the court’s supervisory jurisdiction over the exercise of public power
Ouster clauses limit Judicial Review but courts interpret them restrictively
What is the effectiveness of Judicial Review remedies?
Remedies are discretionary and may be limited in scope, focusing on decision-making processes rather than outcomes
