Judicial review

Overview

Recall questions on what judicial review is, the pre-action step, standing, time limits and the permission stage, the grounds of illegality, irrationality, procedural impropriety and proportionality, natural justice, and quashing, mandatory and prohibiting orders, declarations and damages.

What you need to know

Answer each one before you reveal it.

Questions from this subtopic

Each one with the model answer underneath.

1. 1

   What does the Latin maxim 'nemo iudex in causa sua' mean?

   Model answer

   No one should be a judge in their own cause — the rule against bias.

2. 2

   What does the Latin maxim 'audi alteram partem' require?

   Model answer

   That the other side must be heard — the right to a fair hearing.

3. 3

   What is a quashing order and what was it formerly called?

   Model answer

   A quashing order (formerly certiorari) sets aside an unlawful decision.

4. 4

   What is the effect of a mandatory order?

   Model answer

   It compels a public body to perform a legal duty. It was formerly known as mandamus.

5. 5

   What does a prohibiting order do?

   Model answer

   It prevents a public body from acting unlawfully. It was formerly known as prohibition.

6. 6

   What standing requirement must a claimant satisfy to bring a judicial review claim?

   Model answer

   The claimant must have sufficient interest in the matter being challenged.

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