The Decision Making Process Of Public Bodies On Decisions Essay

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Scenario A This is an application for judicial review. Judicial review is a means of reviewing and challenging the decision making process of public bodies on decisions that affect both the individuals and the public. Judicial review is discretionary. It allows those affected to challenge the process so therefore it is not an appeal. In a claim for a judicial review there is a certain criteria that must be met in order for the application to succeed. The key points in theory are party being reviewed must be a public body, concerns a public law issue and the individual/group have standing. According to Lloyd LJ ‘…if a body in question is exercising public law functions, or if the exercise of its functions have public law consequences, then that may be sufficient ti bring the body within the reach of judicial review’ thus making it a public body as stated in the case of R v Panel on Takeover and Mergers, ex parte Datafin (1987). Detection of a public body is a two-stage test as defined in the case of Datafin which are the source of power and functions test also known as Defacto public functions test. In this case therefore applying the two-stage test, minister for family affairs is a public body because he is the head of a government department thus carrying out functions that directly affects the public. Public law is the relationship between public body of the state and an individual. The decision made by the minister has directly affected Rajwinder and Simran thus
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