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Mind map

Judicial review

Sebss English

Mind map on judicial review: grounds of review, locus standi, illegality and procedural impropriety

Mind map: Judicial review

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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

    • 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
    • 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
    • Procedural impropriety: failure to follow prescribed procedures, also incorporates natural justice (rule against bias and right to a fair trial

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Judical review
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