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Judicial Review Illegality Notes
This is a sample of our (approximately) 7 page long Judicial Review Illegality notes, which we sell as part of the GDL Constitutional and Administrative Law Notes collection, a Distinction package written at Cambridge/Bpp/College Of Law in 2017 that contains (approximately) 331 pages of notes across 29 different documents.
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Judicial Review Illegality Revision
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Con & Ad: Judicial Review - Illegality
- Definition: JR is the mechanism whereby courts able to scrutinise decision-making processes and legality of actions taken by public authorities
1. Amenability to Judicial Review?: only public law decisions made by public body amenable to JR (CPR Pt 54.1).
- 2-part test - R v Panel for Takeover and Mergers ex p Datafin, [Lloyd LJ]:
1. source of power?: if statute/subordinated legislation public body.
2. public law function?: substitutability test - would govt. have to set body up if didn't exist?
- application: regulatory agencies PB (R v ASA ex p Insurance Services; R v Bar Council ex p Percival). sporting bodies not PB (R v FA ex p Football League; R v Jockey Club ex p Aga Khan). religious bodies not PB (R v Chief Rabbi ex p Wachmann). contracting out: dep. on degree of statutory penetration / special powers. R v Servite Houses ex p Goldsmith: elderly residential home not public function (just contract). R (A) v Partnerships in Care: LA + private home regulated by statute public function. YL v Birmingham CC: private care home not public function.
- overlap with HRA 1998 public authority - Aston Cantlow, [Ld Hope]: overlap between 2 tests.
2. Procedural Exclusivity?: is claim abuse of process? (JR: stricter procedures than civil action).
- general rule: public law decision only JR may be used (O'Reilly v Mackman: Irish prisoner).
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