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Judicial review is a part of UK constitutional law that enables people to challenge the exercise of power, usually by a public body. A person who contends that an exercise of power is unlawful may apply to the Administrative Court (a part of the King's Bench Division of the High Court) for a decision. If the court finds the decision unlawful it ...
United Kingdom administrative law is part of UK constitutional law that is designed through judicial review to hold executive power and public bodies accountable under the law. A person can apply to the High Court to challenge a public body's decision if they have a "sufficient interest", [ 1 ] within three months of the grounds of the cause of ...
Four prisoners, Stephen Doody, John David Pierson, Elfed Wayne Smart and Kenneth Pegg, [1] serving mandatory life sentences, requested judicial review after the Home Secretary refused to release them after serving their minimum terms, but gave no reason for the decision.
By majority decision the court held decisions of the Investigatory Powers Tribunal could be subject to judicial review in the High Court and implied that parliament may not use legislation to "oust" the jurisdiction of the courts to undertake judicial review. [22] Telereal Trillium v Hewitt (Valuation Officer) [2019] UKSC 23: 15 May
Applications may be made against convictions or sentence, but judicial review of sentence will rarely be appropriate. [19] An application for judicial review may be made promptly and not later than three months after the decision of the magistrates' court of which the applicant complains. [20]
Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organized with respect to the principles and doctrines of legislative supremacy and the separation of powers.
Substantive legitimate expectation was definitively recognized as a ground of judicial review in the UK in ex parte Coughlan. [7] The case involved a health authority which resiled from its explicit promise to the disabled applicant that a facility at which she was living would be her "home for life". [63]
The Court of Appeal held national security concerns meant that judicial review was impossible. The House of Lords held that exercises of the royal prerogative were subject to judicial review, but there were exceptions, including for matters of national security. This was a significant break from the previous law, which held that prerogative ...