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Cover Public Law Directions

16. Judicial review: grounds and remedies  

This chapter assesses judicial review and the rule of law, the three traditional grounds of judicial review, proportionality, the modern approach to judicial review, and remedies. Judicial review is the rule of law in action. Through judicial review, the courts place constraints on executive power by upholding and projecting rule of law principles on to executive actions. Indeed, it ensures that administrative decisions are taken rationally, in accordance with a fair procedure, and within the powers conferred by Parliament. As such, the traditional judicial review grounds of illegality, irrationality, and procedural impropriety are applied flexibly to protect individuals against the unreasonable, arbitrary, procedurally unfair, or unlawful use of power. Judicial review has unique remedies known as prerogative orders which comprise mandatory orders, prohibiting orders, and quashing orders.


Cover Administrative Law

12. Remedies  

Mark Elliott and Jason Varuhas

This chapter examines the remedies that may be granted when administrative action is deemed unlawful. It begins with an overview of the provisions of Senior Courts Act 1981 and goes on to discuss the role of injunctions in public law, the availability of interim injunctions, and the question of whether injunctive relief may issue against the Crown. It then considers the role of declarations in public law, along with relator proceedings brought by the Attorney-General on behalf of a member of the public or an agency in order to obtain an injunction or declaration. In particular, the chapter explores quashing orders, the most commonly sought remedy in judicial review proceedings, as well as prohibiting orders and mandatory orders. A number of relevant cases are cited throughout the chapter, including R v. Ministry of Agriculture, Fisheries and Food, ex parte Monsanto plc [1999] QB 1161.