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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 ...
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.
Judicial review: O'Reilly v Mackman [1983] UKHL 1 is a UK constitutional law case, concerning judicial review. Facts
Associated Provincial Picture Houses Ltd. v Wednesbury Corporation [1948] 1 KB 223 [1] is an English law case that sets out the standard of unreasonableness in the decision of a public body, which would make it liable to be quashed on judicial review, known as Wednesbury unreasonableness.
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
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.
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)
The court ruled that it was, as the lawfulness of government actions had been subject to judicial review "for centuries," referring to the 1611 Case of Proclamations which ruled that "the King hath no prerogative but that which the law of the land allows him". The court also found that the use of the prerogative power of prorogation is a use of ...