2577991
Judicial review
- Must be challenged against a public
body or a body carrying out a public
function
- The
legislation
challenged
must be one
that was
delegated by
Parliament
(not debated
in
Parliament) -
secondary
legislation
- Links in with rule
of law,
parliamentary
supremacy and
separation of
powers
- 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
- There must be one
or more grounds of
review: illegality,
irrationality and/or
procedural
impropriety -
recently spoken
about in the case
of GCHQ
- Irrationality:
Wednesbury
unreasonableness -
children under 15
are not allowed to
enter a cinema on a
Sunday even if
accompanied by an
adult
- For Human
Rights cases
there is grounds
of
proportionality
- Considered to be
unreasonable if a
reasonable
decision-maker
would never come
to that decision
- For Human
Rights cases
there is grounds
of
proportionality
- Illegality:
where a
person goes
beyond their
powers given
by Parliament
(ultra vires)
- When public bodies
use their powers they
should take in
relevant
considerations and
exclude irrelevant
ones
- A public body that
has been
delegated
legislation should
not sub-delegate
and should not be
dictated by others
to make a decision
- A public body that
has been
delegated
legislation should
not sub-delegate
and should not be
dictated by others
to make a decision
- When public bodies
use their powers they
should take in
relevant
considerations and
exclude irrelevant
ones
- Procedural impropriety:
failure to follow prescribed
procedures, also
incorporates natural justice
(rule against bias and right to
a fair trial
- Irrationality:
Wednesbury
unreasonableness -
children under 15
are not allowed to
enter a cinema on a
Sunday even if
accompanied by an
adult
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