Judicial Review Stats

Question 1

What was the average number of applications for judicial review between 2014 and 2019

Answer 1

11,300

Question 2

What happened to the number of successful reviews between 2020 and 2021

Answer 2

Fell by over 50% to 2.2% of cases

Question 3

What happened to the total number of cases brought between 2020 and 2021

Answer 3

Fell by 18%

Question 4

What legislation did the government propose in 2021

Answer 4

To limit access to judicial review

Question 5

What is a quashing order

Answer 5

Where a judge strikes down secondary legislation

Question 6

What did the 2022 judicial review and courts act do

Answer 6

No means of reviewing asylum cases, employment practices and visa applications.

Question 7

What was the miller 1 case

Answer 7

2017, regarding whether or not the government had to consult parliament before invoking article 50

Question 8

What was the result of miller 1

Answer 8

Supreme Court ruled that parliamentary sovereignty overruled prerogative powers so it was required that a vote be put to parliament

Question 9

What was miller 2

Answer 9

Case in 2019 over whether boris Johnson’s prorogation of parliament was illegal and tried to avoid parliamentary scrutiny of his brexit deal

Question 10

Miller 2 result

Answer 10

It was ultra vires for Johnson to prorogue parliament and therefore void (parliament had to reopen)

Question 11

What was Ahmed v treasury

Answer 11

A 2010 judicial review over whether it was ultra vires for the treasury to freeze the assets of suspected terrorists without charging them

Question 12

Result of ahmed v treasury

Answer 12

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.

Question 13

Government response to ahmed v treasury

Answer 13

Browns government passed legislation making it legal to freeze suspected terrorists assets without charge, passed within 5 days

Question 14

What was Liberty judicial review 2024

Answer 14

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)

Question 15

Liberty judicial review 2024 result

Answer 15

It was illegal (illegality) for the home office to widen police powers over protests and not consulted properly (procedural)

Question 16

2020 judicial review Heathrow

Answer 16

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)

Question 17

Why is judicial review controversial

Answer 17

• 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

Question 18

Defence of judicial review

Answer 18

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.

Question 19

What was the significance of the factortame case

Answer 19

2000 case over fishing rights, ruled that EU law could take precedence over uk law when pending trial