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
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
13. The Grounds of Judicial Review
This chapter discusses the grounds upon which it is possible to challenge administrative decisions by way of judicial review, and shows that there are many and varied grounds on which courts may review decisions taken by public bodies. A notable theme in this area concerns the deepening, in recent years, of judicial scrutiny of the executive. New grounds of review—such as legitimate expectation and proportionality—have emerged, often involving a greater degree of judicial oversight of executive decisions than has traditionally existed.
Chapter
4. Separation of Powers—An Introduction
This chapter explains the separation of powers doctrine, first describing the three branches of government: the legislative, judicial, and executive. It then discusses why separation of powers is needed, different conceptions of separation of powers, and separation of powers in the UK.
Chapter
7. The Judiciary
This chapter, which focuses on the judiciary, discusses the structure of the judicial system, the role of the judiciary, and the characteristics of the judiciary.
Chapter
13. The Grounds of Judicial Review
This chapter discusses the grounds upon which it is possible to challenge administrative decisions by way of judicial review, and shows that there are many and varied grounds on which courts may review decisions taken by public bodies. Administrative law, for all of its technicality and detail, is part of our wider constitutional fabric, and represents the working out, in a particular legal context, of much broader debates about the proper relationship between the different branches of the constitution. A notable theme in this area concerns the deepening, in recent years, of judicial scrutiny of the executive. New grounds of review—such as legitimate expectation and proportionality—have emerged, often involving a greater degree of judicial oversight of executive decisions than has traditionally existed.
Chapter
4. Separation of Powers—An Introduction
This chapter explains the separation of powers doctrine, first describing the three branches of government: the legislative, judicial, and executive. One complicating factor is that these branches of the state are not confined solely to the UK level; they also exist both above and below the UK level. This is what we call the ‘multilayered constitution’. Above the UK level is the Council of Europe and below the UK level are the devolved governments and legislatures in Scotland, Wales, and Northern Ireland. The chapter further discusses why separation of powers is needed, different conceptions of separation of powers, and separation of powers in the UK.
Chapter
7. The Judiciary
This chapter focuses on the judiciary; the courts play a special role in constitutional terms and an independent judiciary is a prerequisite in any civilised society subject to the rule of law. The chapter first discusses the hierarchical structure of the judicial system in the UK before moving on to consider the role of the judiciary and issues that concern the courts’ place within, and responsibility for upholding the principles of, the constitution. Finally, the chapter examines the characteristics of the judiciary, such as the way that judges are appointed, the independence of the judiciary, and its diversity.
