Chapter 10 Key facts checklists

Chapter 10 Key facts checklists

Introduction to administrative law: the foundations and extent of judicial review

• Judicial review allows people with a sufficient interest to ask a judge to review the lawfulness of a decision of a public body carrying out its public functions and enactments where there is no right of appeal or where all avenues of appeal have been exhausted.

• Judicial review is based on the constitutional principles of the rule of law and the separation of powers.

• The defendant must be a public body, the subject matter of a claim must be a public law matter, and the claimant must have the right to claim.

• The court may refuse to exercise its jurisdiction on policy grounds.

• It may be necessary to consider whether judicial review has been limited or excluded by Parliament.

• Quashing orders, mandatory orders, and prohibiting orders must be claimed by judicial review procedure contained in the current Civil Procedure Rules and s 31 Senior Courts Act 1981, as amended by the Civil Procedure Act 1997 and the Civil Procedure (Modification of the Senior Courts Act) Order 2004. Declarations, injunctions, and damages may be sought by judicial review procedure.

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