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The Protection of Human Rights

Judicial review: grounds and remedies

  • 3 things to know
  • AS Unit 2

Overview

Judicial review, permission stage and ground of illegality.

What you need to know

Answer each one before you reveal it.

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Key term

Distinguish judicial review from an appeal.

Key term

What is the standing requirement for judicial review?

Key term

State the time limit for bringing a judicial review claim.

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    Define judicial review.

    Model answer

    Judicial review is the process by which a court examines whether a public body's decision was made lawfully, rationally and by a fair procedure.

  2. 2

    Distinguish judicial review from an appeal.

    Model answer

    Judicial review asks whether the decision was made lawfully and by the right process, while an appeal asks whether the decision itself was correct on the facts and merits.

  3. 3

    In which court are judicial review claims heard in England and Wales?

    Model answer

    They are heard in the Administrative Court, part of the High Court.

  4. 4

    What is the standing requirement for judicial review?

    Model answer

    A claimant must have a sufficient interest in the matter, a test broad enough to allow campaigning organisations to bring claims in the public interest.

  5. 5

    State the time limit for bringing a judicial review claim.

    Model answer

    A claim must be brought promptly and in any event within three months of the decision complained of.

  6. 6

    What is the permission stage?

    Model answer

    It is the preliminary filter at which a judge decides whether a claim is arguable and may proceed to a full hearing.

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The British Constitution
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AAccess is bought rather than earned.
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Statute law is enacted by the legislature.
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