A more recent version of these Jr Prelims notes – written by Cambridge/Bpp/College Of Law students – is available here.
The following is a more accessble plain text extract of the PDF sample above, taken from our GDL Constitutional and Administrative Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Con & Ad : Judicial Review, Intro & Prelims Intro to Judicial Review (JR)
?????JR = review, NOT appeal. It is scrutiny of the legality of decisions, not their merits. Review of the process of decisionmaking.
?????Rationale for JR: o (1) traditional justification = ultra vires doctrine---public bodies & officials can only act within their legal powers. R to make sure they act intra vires. o (2)-further recent justification: function of courts through JR to enforce common law standards of good administration and thus prevent misuse/abuse of power. Constitutional context: Administrative law and JR
? Admin law = the law relating to the exercising & control of governmental power.
? Encompasses a number of areas including JR---mechanism by which the courts are able to scrutinise the decision-making processes and legality of actions/decisions taken by public authorities and officials.
? Such bodies range from: ministers, department, tribunals, local authorities, quangos, and professional & trade bodies (when exercising a public law function).
? Is a form of legal accountability---relates to ROL, SoP, Parl sov, and prerog power.
? In its current form, JR is largely a product of a development in judicial attitudes: a number of landmark decisions in the 1960s, led principally by Lord Reid---eg Ridge Baldwin (1964). +
supplemented by parliamentary reforms. Control of governmental power
? Ensure accountability of government.
? Protect individual rights.
? Promote participation in decision-making process.
? Huge growth in last 40 yrs in JR---fastest growing area along with EU law.
? JR now touches almost every aspect of public decision-making: planning, financial services, export licences, housing law, immigration & asylum, prisoner's rights, public transport, public inquiries, social security, university discipline, controls on broadcasting, professional discipline, general licensing and environmental regulation.
JR and Constitutional law
?????Administrative law = relating to exercising & control of gov power.
1 ?????JR is a form of legal accountability---relates to RoL, SoP, Parl Sov and prerog power.
?????JR developed from landmark decisions in 1960s, led by Lord Reid, eg Ridge Baldwin
? Link to RoL: Jeffrey Jowell, The Changing Constitution: 'the practical implementation of the Rule of Law has taken place primarily through judicial review of the actions of public officials'.
? Key ROL values: legality, certainty, consistency, accountability, due process etc.
?????Link to SoP/prerog power: o R (Miller) v SoS Exiting European Union case---a JR case. Control of prerog through JR. o Lord Irvine of Lairg, HL debate, 27 Oct 2014: The judiciary is a vital component in our separation of powers. JR is indispensable in a democracy proud to be governed by the rule of law.
Grounds for JR??
Illegality Unreasonableness Procedural Impropriety/Fairness Legitimate Expectation
Preliminaries DEALING WITH PRELIMS IN EXAM
? (1) Amenability: Is decision challenged a "public law" decision - is it "governmental" in nature?
o (Datafin is key case, but for test)
? (2) Does procedural exclusivity apply?
o Base case: O'Reilly
? (3) Standing: Does applicant have "sufficient interest"?
o Base case: Fleet Street Casuals o Pressure groups
? (4) Time limits complied with?
? (5) Any ouster clauses?
o Base case: Anisminic (1) Amenability
? CPR Part 54.1(2): 'in relation to the exercise of a public function'.
? Ex P Datafin; o (1) Source test---if source of power is statute/subordinate legislation/ prerog body = amenable. [[CF purely contractual]]
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