CHAPTER – 1
GROUNDS OF JUDICIAL REVIEW
INTRODUCTION
“Public law is not at base about rights, even though abuses of power may and often do invade private rights; it is about wrongs – that is to say misuses of public power.” * Sedley.J1
The ultimate (though not necessarily the most appropriate) means by which public law disputes are resolved is by bringing the matter before the Administrative Court using a claim for judicial review. Broadly, in order to succeed, the claimant (the person or body bringing the case) will need to show that either:
* The person or body is under a legal duty to act or make a decision in a certain way and is unlawfully refusing or failing to do so; or
* A decision or action that has been taken is
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Here, illegality can occur where the action, failure to act or decision in question violates the public law principles set down by the courts for processes of this kind. These principles require public bodies to:
* Take into account relevant information (and to assign the appropriate amount of weight to such information), and to ignore irrelevant information; * Ask the right questions and to undertake sufficient enquiry, for example by addressing the right issue, and taking reasonable steps to obtain the information on which a proper decision can be based; * Not to delegate a decision for which they are exclusively responsible, and that therefore only they can make - allowing another person to take a decision for them, means that they are giving their power away and fail to be properly accountable. * Ensure that they have not fettered their discretion by for example applying a very rigid policy as if it were legislation. * Comply with the Human Rights Act by acting compatibly with the Convention, so far as it is possible for them to do so.
Bromley Council v Greater London Council3.
[Judges must not appear to be biased or impartial]
The Labour-controlled Greater London Council implemented a "Fares Fair" policy in which public transport fares were subsidised from the rates. A
A public policy is the body of principles that underpin the operation of legal systems in each state. In this paper I am going to talk about federal along with state policies. I will discuss each of the policies and how they are similar and how they are different. Federal and State policies are made to help keep our Country running smoothly. If there were no policies then keeping our Country safe would be a hard task. Policies are principles that are set to help make our Country operate on a daily bases. I like to think of it as rules that are set to keep our Country safe; because if there were no rules then everyone would be doing their own thing which could cause for a very disorganized situation.
The first aim of this step is to ensure that the working group is well informed about the policy issue/s and is aware of all potential avenues or options available to them in developing and implementing the policy. To do this you can:
expected of them and a mechanism to deal with the consequences of failing to meet such standards.
To ensure that all concerns / complaints are dealt with in accordance with the
With the young nation of America entered into the 19th century, there were still major issues when it came to the balance of powers of the different government branches. The status of judicial review in the Supreme Court was never pressed upon or given any real structure to. The power of judicial review had appeared many times in history before the set up of the Supreme Court as, in England, Chief Justice of the Common Pleas Sir Edward Coke made the originated the idea . During the ruling of the case of Dr. Bonham’s Case, Coke found that the London College of Physicians had no right to levy fines against anyone who violated their rules. He would later go on to state that, “no person should be a judge in his own case” (Fletcher 12). The act was revolutionary at the time as it set the notion of that an official body of government was needed to give fair governess to the people. The idea would pop up once in a while in events such as the Constitutional Convention where records that were kept by the textbook University of Chicago Law Review saw that “13 out of the 15 delegates made statements that were in support of the idea of judicial review” (Prakash 123). The interesting part about the quote is that it states that the idea of judicial review was in place in America many years before the actually case of Marbury v. Madison. Even in the Federalist Papers No. 78 which was published in May 28, 1788, by Alexander Hamilton, went into lengthy discussion about judicial review. In
power to resist the rules because their actions do not conform to the standards of the rule
to be adhered to, and whether funding would be available to send the desired staff
Make the law of the country and they have power to pass the law and change them.
An order requiring the performance of a military duty or act may be inferred to be lawful and it is disobeyed at the
Judicial Activism- When judges deny legislators or the executive the power to do something unconstitutional.
- Be willing to comply with policies and procedures to ensure the integrity of the exam process.
To ensure that all concerns / complaints are dealt with in accordance with the procedures.
act or acts commanded or enjoined by the law. It is usually inferred from the