p. 17312. Grounds for judicial review: irrationality, proportionality, merits-based judicial review, and the Human Rights Act 1998
p. 17312. Grounds for judicial review: irrationality, proportionality, merits-based judicial review, and the Human Rights Act 1998
- Colin FaragherColin FaragherFormerly Senior Lecturer in Law, University of West London
Abstract
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the grounds for judicial review. These include irrationality—meaning unreasonableness—which is now linked to the principle of proportionality. In addition, the relevant case law and key principles concerning distinction between procedural and merits-based judicial review are fully explained. The impact of the Human Rights Act 1998 on judicial review is assessed generally. The emergence and development of the ‘outcomes is all’ approach to judicial review where breach of Convention rights is alleged is explored by examining a number of significant House of Lords cases.
