Judicial Review

Jack McEvoy
Mind Map by Jack McEvoy, updated more than 1 year ago
Jack McEvoy
Created by Jack McEvoy almost 5 years ago


Judicial review revision

Resource summary

Judicial Review
1 History, process, scope and standing
1.1 How the process of judicial review differs from action in private law
1.2 Why judicial review is important
1.3 Which bodies are subject to judicial review (scope)
1.4 Who can bring an action in judicial review (standing)
2 Ultra Vires and Executive Discretion
2.1 The concept of ultra vires
2.2 The difference between an authority acting ultra vires, and an authority acting wrongly
2.3 The jurisdiction of the court where authorities make errors of law and errors of fact
2.4 The application of the principle of ultra vires where authorities are given discretion to act
3 Unreasonableness, Proportionality and HRA 1998
3.1 Challenging the content of decisions on the grounds of unreasonableness
3.2 The application of the HRA 1998 to administrative decision making
3.3 The operation of the proportionality test, with reference to the HRA 1998 in particular
4 Substantive legitimate expectations
4.1 The concept of legitimate expectation
4.2 The extent to which the courts will recognise and enforce substantive legitimate expectations
5 Procedural Rules of Executive decision making
5.1 The rules of natural justice: the rule against bias, and the right to a fair hearing
5.2 The recognition by the courts of procedural legitimate expectations
5.3 The debates surrounding whether there is a duty for the administration to give reasons for their decisions
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