Lecture 19: Introduction to Judicial Review Flashcards
Which case involved River Action UK seeking judicial review of the Environment Agency over pollution in the River Wye?
R. (River Action UK) v Environment Agency [2024] EWHC 1279 (Admin), where River Action UK challenged the Environment Agency over pollution caused by chicken waste in the River Wye.
Which case saw individual asylum seekers win a judicial review against the Government’s unlawful Rwanda Asylum plan?
R (AAA and others) v Secretary of State for the Home Department [2023] UKSC 42, where individual asylum seekers won a case against the Government’s unlawful Rwanda Asylum plan.
Which judicial review case blocked the Scottish Government’s Gender Recognition Bill?
Petition of Scottish Ministers for Judicial Review of the Gender Recognition Reform (Scotland) Bill [2023] CSOH 89, where the UK government blocked the Scottish Government’s Gender Recognition Bill under Section 35 of the Scotland Act 1998.
Which judicial review cases were notable in relation to Brexit?
Various aspects of Brexit have been subject to judicial review, notably in the two Miller cases, which addressed key constitutional issues during the Brexit process.
What is judicial review?
Judicial review is the legal process by which courts review the lawfulness of decisions or actions taken by public bodies or authorities.
What does it mean when legal power is “exercised unlawfully” in judicial review?
It means that a decision or action by a public authority exceeds or abuses its legal power, violating the law or legal principles.
On what grounds does the petitioner/claimant argue in judicial review?
The petitioner or claimant argues based on recognized grounds of review, such as illegality, irrationality, and procedural unfairness.
What do courts focus on in judicial review cases?
Courts focus on the legality of the decision, not on the merits or quality of the decision itself.
What do courts decide in judicial review cases?
Courts decide whether any remedies should be granted and what specific remedies, if any, are appropriate to address the unlawful decision.
How does one initiate judicial review?
o initiate judicial review, the petitioner or claimant must make an application or petition to the court for a review of the decision or action.
Is there a fixed idea of the “appropriate place” of judicial review in the constitution?
No, there has never been and is unlikely to be a fixed idea of the “appropriate place” of judicial review in the constitution. (Independent Review of Administrative Law, March 2021, p.11)
Is there a precise definition of “justiciability” in judicial review?
No, there is no generally accepted or precise definition of “justiciability.” Opinions differ on what matters should be considered justiciable or non-justiciable. (Independent Review of Administrative Law, March 2021, p.11)
What is the debate around “political questions” in judicial review?
There is debate on whether certain matters, labeled “political questions,” should be left for the judiciary or if Parliament should intervene in determining them. (Independent Review of Administrative Law, March 2021, p.11)
What are the key principles in the relationship between judicial review and the constitution?
The key principles are separation of powers, sovereignty of Parliament, accountability, and the rule of law.
Why did the government propose reforms to judicial review?
The reforms were proposed to address the relationship between the Government, Parliament, and the Courts, as outlined in the Conservative manifesto 2019. (Independent Review of Administrative Law (IRAL), 2021)
What were key recommendations of the Independent Review of Administrative Law (IRAL) in 2021?
IRAL recommended statutory recognition of suspended quashing orders, a reversal of Cart (2011), and the removal of the “promptly” requirement for judicial review applications. (IRAL, 2021)
What does the Judicial Review and Courts Act 2022 introduce?
The Act introduces discretion to suspend quashing orders, provide prospective-only remedies, and removes the ability to review Cart judicial reviews. (Judicial Review and Courts Act 2022)
What reforms were proposed in the government’s consultations beyond IRAL’s recommendations?
The government aimed to go further than IRAL’s recommendations, including reforms related to infrastructure planning and judicial review procedures. (IRAL, 2021)
What is the purpose of judicial review?
The purpose of judicial review is to ensure decisions are made within legal boundaries, reflecting both the intention of Parliament and the rule of law. It involves a combination of common law principles and statutory authority.
What does the ultra vires principle refer to in judicial review?
The ultra vires principle refers to actions taken beyond the legal powers granted to a body or authority. Historically, it was about statutory bodies acting beyond their prescribed powers.
How has the ultra vires doctrine evolved in modern judicial review?
The modern ultra vires doctrine is broader and encompasses unlawful acts, not just those exceeding prescribed statutory powers. The content of this doctrine evolves as courts develop new grounds for review.
What problems exist with the ultra vires doctrine in judicial review?
Historically, the ultra vires doctrine justified judicial review by interpreting statutory powers, but today, questions arise about its sufficiency, especially in cases involving prerogative powers or non-statutory bodies.
Is judicial review solely based on Parliamentary intent?
No, judicial review is not solely based on Parliamentary intent. It is also supported by broader concepts of law and democracy, which may not always align with a narrow interpretation of Parliament’s will.
What does the rule of law require in the context of judicial review?
The rule of law requires that Parliament acts compatibly with the unwritten constitution and respects legal principles, ensuring that actions are not arbitrary or unlawful.
