Lecture notes
grounds of judicial review
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- Sheffield Hallam University (SHU)
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lecture 18- grounds of judicial review and remediesIn this session
- Consider application of proportionality in the UK
- Outline some key points about remedies
A reminder
Proportionality and convention rights:
QUALIFIED RIGHTS
- limitations on the right must be
1. Prescribed by law
2. Necessary
3. For a specified purpose
Human Rights Act 1998 (in force in 2000)
R v Secretary of State for the Home Department ex p Daly [2001] UKHL 26
Lord Steyn: a review on the basis of proportionality where convention rights are in play differs from
the common law ground of irrationality for 3 potential reasons:
- requires court to consider the balance of the decision, not just if it is in the range of
reasonable responses
- will be required to consider the weight given to different factors
- will be required to consider if there’s a pressing ‘social need’ for the limitation and if any
lesser limitation would be appropriate
Remedies
No damages available except in a claim on the basis of human rights grounds
Remedies
QUASHING ORDER
- the decision is voided (no longer exists)
Miller v Prime Minister [2019] UKSC 41
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