Judicial review

Descrição

Judical review
Sebss
Mapa Mental por Sebss , atualizado more than 1 year ago
Sebss
Criado por Sebss mais de 9 anos atrás
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Resumo de Recurso

Judicial review
  1. Must be challenged against a public body or a body carrying out a public function
    1. The legislation challenged must be one that was delegated by Parliament (not debated in Parliament) - secondary legislation
      1. Links in with rule of law, parliamentary supremacy and separation of powers
        1. In order to bring an action, two elements must be satisfied: the case must appear to answer (prima facie) and the claimant must have locus standi
          1. There must be one or more grounds of review: illegality, irrationality and/or procedural impropriety - recently spoken about in the case of GCHQ
            1. Irrationality: Wednesbury unreasonableness - children under 15 are not allowed to enter a cinema on a Sunday even if accompanied by an adult
              1. For Human Rights cases there is grounds of proportionality
                1. Considered to be unreasonable if a reasonable decision-maker would never come to that decision
                2. Illegality: where a person goes beyond their powers given by Parliament (ultra vires)
                  1. When public bodies use their powers they should take in relevant considerations and exclude irrelevant ones
                    1. A public body that has been delegated legislation should not sub-delegate and should not be dictated by others to make a decision
                  2. Procedural impropriety: failure to follow prescribed procedures, also incorporates natural justice (rule against bias and right to a fair trial

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