This chapter addresses issues that must be confronted by litigants who propose to launch judicial review proceedings, and by courts dealing with such claims. First, it considers what sort of decisions can be judicially reviewed. Second, it examines the procedure under which courts subject decisions to judicial review. Third, it looks at the remedies that courts may issue in judicial review proceedings.
Chapter
14. Judicial Review—Scope, Procedures, and Remedies
Chapter
20. Judicial Review: Putting It All Together in Problem Answers
Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter ties together the loose strands of judicial review to provide a checklist of issues that must be considered in order to diagnose a judicial review problem and to provide a legal opinion for clients. The following questions are addressed: What are judicial review problem questions designed to test? How does one approach a judicial review problem question? How does one approach whether the body may be judicially reviewed? How does one approach whether the client has standing or may intervene in an action? How does one approach whether the other preconditions are met? How does one approach the grounds for review? How does one deal with issues of remedy? How does one provide a final assessment to the client?
Chapter
14. Judicial Review—Scope, Procedures, and Remedies
This chapter addresses issues that must be confronted by litigants who propose to launch judicial review proceedings, and by courts dealing with such claims. The reluctance of the courts to allow their supervisory jurisdiction to be ousted by legislation, their preparedness to hear claims from parties unaffected by the challenged decision when this is necessary for the maintenance of the rule of law, and their willingness to rule in advance on important legal questions all paint a picture in which judicial review plays a fundamental role in ensuring good governance. The chapter first, it considers what sort of decisions can be judicially reviewed. Second, it examines the procedure under which courts subject decisions to judicial review. Third, it looks at the remedies that courts may issue in judicial review proceedings.
Chapter
19. Restriction of Remedies
Sir William Wade and Christopher Forsyth
Remedies are awarded only to litigants who have sufficient locus standi, or standing. The law starts from the position that remedies are correlative with rights, and that only those whose own rights are at stake are eligible to be awarded remedies. No one else will have the necessary standing before the court. This chapter discusses the old and new law of standing; discretionary power of the court to withhold remedies; exhaustion of remedies; protective and preclusive (ouster) clauses; exclusive statutory remedies; and ‘default powers’, i.e. special powers under which ministers may take steps to compel local authorities to carry out their functions properly.
Chapter
19. Restriction of Remedies
Sir William Wade, Christopher Forsyth, and Julian Ghosh
Remedies are awarded only to litigants who have sufficient locus standi, or standing. The law starts from the position that remedies are correlative with rights, and that only those whose own rights are at stake are eligible to be awarded remedies. No one else will have the necessary standing before the court. This chapter discusses the old and new law of standing; discretionary power of the court to withhold remedies; exhaustion of remedies; protective and preclusive (ouster) clauses; exclusive statutory remedies; and ‘default powers’, i.e. special powers under which ministers may take steps to compel local authorities to carry out their functions properly.
Chapter
15. Ordinary Remedies
Sir William Wade and Christopher Forsyth
This chapter is concerned with the remedies of private law which play a part in public law. First come the remedies related to powers (actions for damages, injunctions, declarations, and relator actions). A final section contains such remedies as private law supplies for the enforcement of duties.
Chapter
15. Ordinary Remedies
Sir William Wade, Christopher Forsyth, and Julian Ghosh
This chapter is concerned with the remedies of private law which play a part in public law. First come the remedies related to powers (actions for damages, injunctions, declarations and relator actions). A final section contains such remedies as private law supplies for the enforcement of duties.
