Paper 3.7 - Judicial Review

Question 1

What is judicial review?

Answer 1

Where a person, who has exhausted all alternate form of appeal, wants the decision of a public body to be reviewed.

Question 2

Where are cases of Judicial Review sent?

Answer 2

Cases are heard in the King’s Bench Division of the High Court (Administrative Court)

Question 3

For judicial review, what does a public body inclue?

Answer 3

Government, health authorities, police, prison and local authorities.

Question 4

What is the time limit for C to bring a case?

Answer 4

3 months.

Question 5

In order to bring a judicial review case, what must C have (Latin) and what does this mean?

Answer 5

Locus Standi, or sufficient interest in the case.

Question 6

What is the Latin phrase for when a public body exceeds their powers?

Answer 6

Ultra vires.

Question 7

What are the three elements of judicial review?

Answer 7

Illegality,
Procedural Improprietry,
Irrationality & Proportionality.

Question 8

What is illegality in terms of judicial review and what cases are example of this?

Answer 8

Illegal activities are when the public body exceeds their power, acts without power or misapplies the law. (Fulham Corporation) (Miller)

Question 9

What is procedural improprietry in terms of judicial review and what is the case example of this?

Answer 9

Public body has failed to follow the correct procedure when taking action. (Aylesbury Mushrooms)

Question 10

What is irrationality in terms of judicial review and what is the case study of this?

Answer 10

Public body made a decision that no other reasonable body would make; an objective test. (Wednesbury) (Rogers)

Question 11

What is proportionality in terms of judicial review and what is the case study of this?

Answer 11

Public body’s decision was excessively harsh and not proportionate to the scenario. (Youssef)

Question 12

What are the six remedies for judicial review?

Answer 12

Quashing order,
Prohibiting order,
Injunction,
Mandatory order,
Declaration,
Damages.