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KembaraXtra – Legal Terms – Judicial Review
Judicial review is the primary mechanism by which courts supervise the actions and decisions of public authorities to ensure they act within the law. It is rooted in the doctrine of ultra vires, meaning that public bodies must not exceed the powers granted to them. In the UK, judicial review is exercised by the High Court through its supervisory jurisdiction, with procedures governed by Rule 54 of the Civil Procedure Rules. Applications are typically made to the Administrative Court.
The grounds for judicial review were famously established in Council of Civil Service Unions v Minister for the Civil Service, namely illegality, irrationality, and procedural impropriety. Additionally, under the Human Rights Act 1998, courts may review actions that violate rights under the European Convention on Human Rights. Remedies available include quashing orders, mandatory orders, prohibiting orders, declarations, injunctions, and occasionally damages. Judicial review also exists in EU law, where institutions like the European Court of Justice may review acts for legality and misuse of powers.
Judicial review is the primary mechanism by which courts supervise the actions and decisions of public authorities to ensure they act within the law. It is rooted in the doctrine of ultra vires, meaning that public bodies must not exceed the powers granted to them. In the UK, judicial review is exercised by the High Court through its supervisory jurisdiction, with procedures governed by Rule 54 of the Civil Procedure Rules. Applications are typically made to the Administrative Court.
The grounds for judicial review were famously established in Council of Civil Service Unions v Minister for the Civil Service, namely illegality, irrationality, and procedural impropriety. Additionally, under the Human Rights Act 1998, courts may review actions that violate rights under the European Convention on Human Rights. Remedies available include quashing orders, mandatory orders, prohibiting orders, declarations, injunctions, and occasionally damages. Judicial review also exists in EU law, where institutions like the European Court of Justice may review acts for legality and misuse of powers.
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