Judicial review

Sebss
Mind Map by Sebss , updated more than 1 year ago
Sebss
Created by Sebss about 5 years ago
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Judical review

Resource summary

Judicial review
1 Must be challenged against a public body or a body carrying out a public function
2 The legislation challenged must be one that was delegated by Parliament (not debated in Parliament) - secondary legislation
3 Links in with rule of law, parliamentary supremacy and separation of powers
4 In order to bring an action, two elements must be satisfied: the case must appear to answer (prima facie) and the claimant must have locus standi
5 There must be one or more grounds of review: illegality, irrationality and/or procedural impropriety - recently spoken about in the case of GCHQ
5.1 Irrationality: Wednesbury unreasonableness - children under 15 are not allowed to enter a cinema on a Sunday even if accompanied by an adult
5.1.1 For Human Rights cases there is grounds of proportionality
5.1.2 Considered to be unreasonable if a reasonable decision-maker would never come to that decision
5.2 Illegality: where a person goes beyond their powers given by Parliament (ultra vires)
5.2.1 When public bodies use their powers they should take in relevant considerations and exclude irrelevant ones
5.2.1.1 A public body that has been delegated legislation should not sub-delegate and should not be dictated by others to make a decision
5.3 Procedural impropriety: failure to follow prescribed procedures, also incorporates natural justice (rule against bias and right to a fair trial
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