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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 ...
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 ] Where the magistrates' court has acted outside of its powers, the High Court may grant quashing orders , mandatory orders and prohibiting orders .
A central difference between judicial review based on human rights, and judicial review based on common law ground that a decision is "Wednesbury unreasonable" and ultra vires, is that infringements of rights can only be defended if the infringement is 'proportionate'. If the infringement is disproportionate, the right is violated.
The power of judicial review of all actions of governmental and private bodies in Scotland is held by the Court of Session. The procedure is governed by Chapter 58 of the Rules of Court. [1] Approximately 600 judicial review cases are raised every year, but most are settled by agreement with only a small minority having to be decided by the court.
Subsequently, in O'Reilly v Mackman (1983) [4] the doctrine of legitimate expectation was recognized as part of judicial review in public law, allowing individuals to challenge the legality of decisions on the grounds that the decision-maker "had acted outwith the powers conferred upon it". [5]
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.
In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Certiorari comes from the name of a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review.
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.