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Public Law

Public Law (3rd edn)

John Stanton and Craig Prescott
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date: 21 April 2024

p. 42111. Judicial review: access to review and remedieslocked

p. 42111. Judicial review: access to review and remedieslocked

  • John StantonJohn StantonSenior Lecturer in Law at The City Law School, City, University of London
  •  and Craig PrescottCraig PrescottLecturer in Law, Bangor University

Abstract

This chapter provides an introduction to judicial review and its various features and requirements. It starts by exploring the meaning and purpose of judicial review, explaining the particular functions of the courts and the jurisdiction that justifies their scrutiny of administrative matters. It then sets out the legal basis for judicial review and the process through which applications proceed, which while rooted in statute, has developed incrementally through both case law and the 1998 Woolf Reforms. The chapter considers issues relating to access to review, exploring the legal requirements that must be fulfilled before an application for judicial review can be entertained by the Administrative Court. This includes a discussion of standing, which determines who can bring a claim, and consideration of the issues relating to the public law/private law divide, which concerns against whom a claim can be brought and the matter upon which that claim can be founded.

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