Traditional Judicial Review Flashcards
What are the 3 main forms of governance/public accountability?
- Legal
- Political
- Quasi-judicial (gov decisions subject to scrutiny)
What are the two jurisdictions of legal scrutiny?
Supervisory jurisdiction: courts ensure that gov exercises powers in the correct way. Courts ask whether the challenged decisions is lawful or unlawful
Appellate jurisdiction: courts look to the merits of the case, not just the legality and can substitute certain decisions and actions with their own.
What are the functions of judicial review?
Redress of grievances and accountability?
Who is subject to traditional judicial review?
CPR 54.1: “ a decision action or failure to act in relation to the exercise of a public function.”
What is more important the nature of the body or the nature of the function?
Nature of the function.
Any person or body that exercises governmental power can be subject to TRJ:
a. central gov departments (ex parte Smith)
b. local authorities (ex parte Fewings and ex parte Hook)
c. those exercising prerogative powers (GCHQ case)
d. courts and tribunals.
e. regulatory bodies
f. private bodies exercising a public function (Datafin)
Who is not subject to TRJ?
Private citizens: Chief Rabbi ex parte Wachmann.
Private corporations (not entrusted with certain statutory/regulatory powers): Jockey Club ex parte Aga Khan
Public bodies not exercising governmental powers : The Football Association ex parte Football League.
What are the three main stages to apply for JR?
- Pre-action stage
- Permission stage
- Hearing stage
What is the standing for JR?
S 31(3) Senior Courts Act 1981: sufficient interest in the matter to which the application relates
What are some case examples of sufficient interest standing?
IRC v National Federation of Self-employed and Small Businesses (1982): narrow reading of “sufficient interest.”
R v Secretary for the Environment ex parte Rose Theatre Trust (1990): trust could have no greater claim to a sufficient interest than its members had before it was formed, no individual member had standing so trust formed of these members has no standing either.
R v HM Inspectorate of Pollution ex parte Greenpeace (1994): granting permission will enable court to have significant evidence, G had standing because it was an eminently respectable organisation with a genuine interest in the issues raised, G had significant national and international membership.
R v Secretary for Foreign Affairs ex parte World Development Movement: same as green peace.
What is the time limit to bring a JR claim?
Within 3 months of the decision or action of the public body.
Planning cases: within 6 weeks
What are the remedies offered by JR?
Quashing order: overturns/sets aside decision
Prohibiting order: stops public body from taking an action
Mandatory order: directs public body to take a positive step
Declaration: clarifies what the law is
Injunctions : interim/final, prohibitory/mandatory
What is the procedural exclusivity principle as outlined in O’Reilly v Mackman [1983]?
“Challenges/claims against the decision or omissions of public authorities must be brought under JR and not by ordinary private proceedings.”
Trim v North Dorset District Council [2011]
Interference of public action with private rights does not change the public character of the action.
What is the collateral challenges principle? Can an individual bring a public law issue as a defence in civil or criminal proceedings?
Yes - Wandsworth London Borough Council v Winder [1985] and Boddington v British Transport Police [1999]
However in Cocks v Thanet District Council [1982] court said C had to apply separately for JR because the main issue was the determination of the legality of the authority’s decision.
