Topic

‘The Scope of Judicial Review’

Author/Academic

Louis Blom-Cooper

Viewpoint

This article reflects on the development of procedural impropriety as a ground of judicial review. Discusses its operation with reference to the House of Lords ruling in Kennedy v Spratt (1972), which illustrates how contemporary courts may interpret legislation relevant to sentencing. Details the facts of Kennedy and how Wilberforce LJ’s approach reveals how fairness must prevail both at trial and during the administrative process of setting an appropriate penalty.

Source

[2017] Public Law 183–185