Crash Course Judicial Review8 min read
Crash Course Judicial Review
What is it?
Judicial review is the process by which a court can examine the lawfulness of a decision or action made by a public body. This could be a decision made by a minister, local authority or public sector organisation.
Why is it important?
Judicial review is an important way for people to challenge decisions that they believe are unlawful or unfair. It can ensure that decisions are made lawfully and fairly, and that people are treated equally.
How does it work?
If someone believes that a decision made by a public body is unlawful or unfair, they can apply to the court for judicial review. The court will then decide whether to allow the case to proceed. If the court decides that the case should proceed, it will hear evidence from both sides and make a decision.
What are the chances of success?
The chances of success in a judicial review case will depend on the individual case. However, generally speaking, the court is more likely to find in favour of the person applying for judicial review if they can show that the decision was unlawful or unfair.
Table of Contents
What is judicial review crash course?
What is Judicial Review?
Judicial review is a process where a court reviews the decisions or actions of a public body to determine whether they are lawful. Judicial review can be used to challenge decisions made by local authorities, government departments, public bodies and other public sector organisations.
What is a Judicial Review Crash Course?
A Judicial Review Crash Course is a one day course which provides an introduction to judicial review. The course is aimed at those who are considering bringing a judicial review application, or who want to gain a better understanding of the process.
The course covers the following topics:
What is judicial review?
The grounds for judicial review
The process of judicial review
How to make a judicial review application
The role of the court
What is a Judicial Review?
A judicial review is a process where a court reviews the decisions or actions of a public body to determine whether they are lawful. Judicial review can be used to challenge decisions made by local authorities, government departments, public bodies and other public sector organisations.
The grounds for judicial review
There are a number of grounds on which a judicial review can be brought. These include:
Illegality – This is where the decision or action of the public body is contrary to law.
Irrationality – This is where the decision or action of the public body is not rational and does not have a reasonable justification.
Procedural impropriety – This is where the decision or action of the public body was made in a procedurally unfair manner.
Miscarriage of justice – This is where the decision or action of the public body has resulted in a miscarriage of justice.
The process of judicial review
The process of judicial review can be summarised as follows:
1. The applicant lodges a judicial review application with the court.
2. The public body is served with the application and has an opportunity to respond.
3. The court decides whether to grant permission to bring the judicial review.
4. The judicial review proceeds to a full hearing.
5. The court makes a final decision on the matter.
How to make a judicial review application
The first step in making a judicial review application is to lodge the application with the court. The application must set out the grounds for judicial review, the nature of the relief sought and the evidence in support of the application.
The application must also be served on the public body against whom the judicial review is being brought. The public body will then have an opportunity to respond to the application.
The court will then decide whether to grant permission to bring the judicial review. This is known as the permission stage of the judicial review process.
If the court grants permission to bring the judicial review, the judicial review will proceed to a full hearing. If the court does not grant permission to bring the judicial review, the application will be dismissed.
The role of the court
The role of the court in a judicial review is to determine whether the decision or action of the public body was lawful. The court will consider the grounds for judicial review, the evidence submitted and the arguments of the parties.
The court will then make a final decision on the matter. This decision will be binding on the parties.
What are the 3 principles of judicial review?
When the Founding Fathers created the United States Constitution, they knew they were establishing a system of government that would be unlike any other in the world. Central to this system was the idea of judicial review, the power of the judiciary to review the actions of the other branches of government and determine whether they are constitutional.
There are three basic principles of judicial review:
1. The judiciary has the power to review the actions of the other branches of government.
2. The judiciary can only review the actions of the other branches of government if they are constitutional.
3. The judiciary has the final say on the constitutionality of the actions of the other branches of government.
These three principles form the basis of the American system of government and are essential to the separation of powers.
What are the four areas of judicial review?
There are four main areas of judicial review:
The first is the legality of actions taken by the government. This can include whether or not the government has followed the correct procedures in making a decision, or whether they have overstepped their authority.
The second is the impact of government decisions on individuals or groups. This can include whether the government has violated the individual rights of its citizens, or has unfairly disadvantaged particular groups.
The third is the financial propriety of government decisions. This can include whether the government has spent public money in a responsible way, or has been corrupt or negligent in its financial dealings.
The fourth is the constitutionality of government decisions. This can include whether the government has followed the correct procedures in making a decision, or whether they have overstepped their authority.
What is judicial review in simple words?
Judicial review is a process where a court reviews the decision making process of a public body to ensure that it has acted lawfully. If the court finds that the public body has not acted lawfully, it can overturn the decision. Judicial review is an important tool to ensure that the government is held to account.
What are examples of judicial review?
Judicial review is the process by which a court reviews the decisions or actions of a government or its officials. It is a way for individuals to hold the government accountable to the law.
There are a number of examples of judicial review in action. One is the case of Marbury v. Madison, in which the Supreme Court ruled that Congress could not create a law that was inconsistent with the Constitution. This case established the principle of judicial review.
Another example is the case of Brown v. Board of Education, in which the Supreme Court ruled that segregated schools were unconstitutional. This case helped to end racial segregation in America.
There are many other examples of judicial review in action, but these two cases are some of the most famous. Judicial review is an important tool for ensuring that the government is held accountable to the law.
How does the judicial review work?
The judicial review is a process that allows individuals and organizations to challenge the decisions of the government. This process can be used to ensure that the decisions of the government are fair and in accordance with the law.
The judicial review process begins with the filing of a petition. This petition must be filed with the court that has the authority to hear the case. The petition must include a statement of the facts of the case, the grounds for the review, and the relief that is being sought.
The government will then have an opportunity to respond to the petition. This response will be filed with the court, along with any supporting documentation.
After the government has had a chance to respond, the court will decide whether or not to hear the case. If the court decides to hear the case, it will then proceed to a hearing. At the hearing, both sides will have an opportunity to present their case. After the hearing, the court will issue a decision.
If the court decides that the government’s decision was illegal or unconstitutional, it can order the government to take corrective action. The government may also be required to pay damages to the individual or organization that brought the case.
What are the two types of judicial review?
There are two types of judicial review: substantive and procedural.
Substantive judicial review is a process by which a court determines the validity of a law or government action. The court may find that the law or action is unconstitutional and therefore invalid.
Procedural judicial review is a process by which a court determines the appropriate process by which a law or government action should be implemented or enforced. The court may find that the process is unconstitutional and therefore invalid.
