Judicial Review UK
⚖️ What Judicial Review Means
Definition: Judicial review is a type of court proceeding in which a judge reviews the legality of a decision or action taken by a public authority.
Focus: It challenges how a decision was made, not the merits of the decision itself.
Court Role: The court does not substitute its own decision but may quash (set aside) the unlawful decision, requiring the public body to reconsider lawfully
📋 Grounds for Judicial Review
Judicial review can be sought on several grounds:
Illegality: The public body acted outside its legal powers.
Irrationality: The decision was so unreasonable that no reasonable authority would have made it.
Procedural Impropriety: The body failed to follow fair procedures or natural justice.
Human Rights Violations: Decisions must comply with the Human Rights Act 1998 and the European Convention on Human Rights.
🏛️ How Judicial Review Works
Court: Applications are made to the Administrative Court, part of the King’s Bench Division of the High Court.
Permission Stage: Claimants must first obtain permission to proceed, ensuring only arguable cases go forward.
Time Limits: Claims must usually be filed promptly and within three months of the decision.
Remedies: Courts may quash the decision, issue injunctions, or declare the action unlawful. Damages are rare.
🔎 Recent Examples
A judicial review was launched against the UK government’s approval of China’s planned “super embassy” in London, raising concerns about security and protests.
In Scotland, a judicial review was sought to challenge the UK Government’s decision to proscribe Palestine Action as a terrorist group, arguing the Home Secretary acted beyond legal authority.
⚠️ Key Considerations
Judicial review is not an appeal: It cannot overturn a decision simply because it is unpopular or disagreed with.
Costs: Proceedings can be expensive, and losing parties may be ordered to pay costs.
Impact: Even if a decision is quashed, the public body may remake the same decision, provided it follows lawful procedures.
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