Class notes
12. Judicial Review IV - Scope Standing and Remedies
- Course
- Institution
12. Judicial Review IV - Scope Standing and Remedies
[Show more]
Seller
Follow
hayes
Reviews received
Content preview
BEK Chapter 31: Judicial Review of Administrative Action IISCOPE, STANDING AND RELIEF
INTRODUCTION
O’Reilly v Mackman [1983] – established a general rule of procedural exclusivity
o HL held = contrary to public policy, and as such an abuse of the process of the court,
to permit a person seeking to establish that a decision of a public authority infringed
rights to which he was entitled to protection under public law’ [to proceed other
than by way of judicial review]
o Where public law rights were at stake, the claimants could only proceed by way of
judicial review. They could not originate their action under the general civil law
procedure, because that would be avoiding the procedural safeguards afforded to
public authorities by the judicial review procedure, such as the requirement of
sufficient interest, timely submission and permission for judicial review.
Legal accountability
o Trade-off between accountability and efficiency
More accountability, less efficiency in government doing its jobs
o Legal accountability vs. political accountability
Legal constitution (judicial review)
Political constitution (SoP, RoL)
Currently, the line between legal and political accountability is more blurred
o The larger the number of grounds and the more expansive the interpretation, the
more accountability you have
Efficiency drops, since more decisions are subject to review by courts
o Scope, standing, remedies = how judicial review operates
The larger the scope of judicial review, the more expansive the
interpretation of standing and remedies more accountability, less
efficiency
Procedure of application for judicial review
o After determining grounds for judicial review
Merits of the case Justiciability, etc.
o Are there alternative remedies apart from judicial review?
What if there are remedies available in the statute?
o If no alternative remedies, the applicant has to have standing
o Scope of judicial review
FORMS OF RELIEF/REMEDIES
Public law remedies - which used to be known as the ‘prerogative orders’
o Certiorari (quashing orders) decision has no legal effect (regarding discretionary
powers)
o Prohibition (prohibiting orders) ordering the body to refrain from a certain illegal
action (regarding discretionary powers)
o mandamus (mandatory orders) enforce the performance of duty
o Traditionally, these prerogative orders were not available against:
Decision makers who derive their power solely from contract
‘The Crown’ – although declaration is available against the Crown
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller hayes. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $3.87. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
52510 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now