Judicial Review Stats Flashcards
How many judicial reviews in Q1 2024
730, up 22% on Q1 2023
What happened to the number of successful reviews between 2020 and 2021
Fell by over 50% to 2.2% of cases
What happened to the total number of cases brought between 2020 and 2021
Fell by 18%
What legislation did the government propose in 2021
To limit access to judicial review
What is a quashing order
Where a judge strikes down secondary legislation
What did the 2022 judicial review and courts act do
No means of reviewing asylum cases, employment practices and visa applications.
What was the miller 1 case
2017, regarding whether or not the government had to consult parliament before invoking article 50
What was the result of miller 1
Supreme Court ruled that parliamentary sovereignty overruled prerogative powers so it was required that a vote be put to parliament
What was miller 2
Case in 2019 over whether boris Johnson’s prorogation of parliament was illegal and tried to avoid parliamentary scrutiny of his brexit deal
Miller 2 result
It was ultra vires for Johnson to prorogue parliament and therefore void (parliament had to reopen)
What was Ahmed v treasury
A 2010 judicial review over whether it was ultra vires for the treasury to freeze the assets of suspected terrorists without charging them
Result of ahmed v treasury
Ruled that the treasury had acted ultra vires and couldn’t legally freeze assets without charge. Browns government passed within a week the Terrorist Asset-Freezing (Temporary Provisions) Act 2010.
Government response to ahmed v treasury
Browns government passed legislation making it legal to freeze suspected terrorists assets without charge, passed within 5 days
What was Liberty judicial review 2024
Liberty took a judicial review against the home office over whether the home office had the right to widen police powers over protest (passed by SI)
Liberty judicial review 2024 result
It was illegal (illegality) for the home office to widen police powers over protests and not consulted properly (procedural)
2020 judicial review Heathrow
Found against the government and in favour of groups like Climate Action in a challenge to the governments decision to in 2016 allow Heathrow a third runway, home secretary hadn’t considered uk obligations to the 2016 Paris Climate Agreement (procedural)
Why is judicial review controversial
- Pits govt and judiciary against eachother
- unaccountable judges into an area of policy making
-gives pressure groups too much influence over policy at the expense of other areas such as growth
Defence of judicial review
Vital for democracy as it protects the rule of law and acts as a check on government power, parliament may overlook certain groups, judges are legally qualified, independent and neutral.
What was the significance of the factortame case
2000 case over fishing rights, ruled that EU law could take precedence over uk law when pending trial
Manchester ship canal company vs united utilities water 2024
Ruled that the water industry act 1991 didn’t override common law rights concerning trespass. This emphasises judge made law over statute law- parliamentary sovereignty?
BUT this allowed water companies to be sued for pollution so followed public opinion
How did the govt respond to miller 2
The dissolution and calling of parliament act 2022
Limits courts role in proroguing parliament, attack on miller 2 judgement
