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Jr Prelims Notes
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Jr Prelims Revision
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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.
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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