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Jr Prelims Notes

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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

? (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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