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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 ...
This is a list of judgments given by the Supreme Court of the United Kingdom between the court's inception on 1 October 2009 and the most recent judgments. Cases are listed in order of their neutral citation and where possible a link to the official text of the decision in PDF format has been provided.
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
Case name Citation Date Legal subject Summary of decision R (Haralambous) v Crown Court at St Albans [2018] UKSC 1 24 January Constitutional law, Search and seizure: Closed material procedures could be used in a judicial review of a Crown Court decision and there was no minimum core of material that the government was required to disclose to the other party where such procedures were used.
Review when a taxpayer is prevented from challenging the validity of an enquiry into their tax return by HMRC where both parties have proceeded, for nearly a decade, on the mistaken assumption that the enquiry was validly initiated by a letter sent to the taxpayer. [12] Times Travel (UK) Ltd v Pakistan International Airlines Corp [2021] UKSC 40
The English courts have the power to stay execution of an award by the International Centre for Settlement of Investment Disputes (ICSID) and the UK's enforforcement of obligations under and the ICSID Convention are unaffected by the EU Treaties. [5] In the matter of an application by Deborah McGuinness for Judicial Review (Northern Ireland)
Council of Civil Service Unions v Minister for the Civil Service [1984] UKHL 9: the use of the royal prerogative is subject to judicial review. Factortame case [1990]: the European Court of Justice ruled that the House of Lords was required to suspend an "Act" of Parliament that infringed EC law.
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.