Judicial Review
Additional reading books:
De smith
Wade and Forsyth, Administrative law
Cane administrative law
Professor Craig (confusing, don’t read)
Textbook: Leyland and Athony on administrative Law
Casebook: Elliot and Varuhas
Administrative Law:
Judicial review Means by which the government is held to account in the courts
Jena Miller case: parliament had to give a vote on article 50 (Brexit), example of JR
Every case has a constitutional aspect
Judicial review characterised by speed; fast process
6 years for a case to be brought to court
3 months for JR
no oral witnesses in JR, only written statements given as evidence
negotiator: gov. doesn’t really negotiate doesn’t want to settle, fights to win
that’s why JR lawyers need good advocacy skills, political sense
all JR litigation takes place in High court
Remedies for JR:
1) Most frequent remedy: quashing order
Cancels out a decision of the case
Described by latin phrase: certiorari
Means to be informed about the remedy
Story behind: for King to be informed about any claim or complaint made in courts
Court of King’s bench (queen’s bench division nowadays), which is in the High Court
2) Prohibiting order
prevents making of a decision that would be illegal, retroactive
would know in advance that decision is flawed before it’s taken
e.g. major policy decision taken by gov., then seek a quashing order
but to prevent a number of following decisions from that policy could only be
prevented by the prohibiting order
3) Mandatory Order
compels a public authority to do its public duty (e.g. government)
old name- mandamus (we direct in Latin)
not easy to establish this order due to reasons:
o i) must be able to demonstrate existing public duty
o ii) carries a certain stigma- saying the authority needs to be compelled to do
its duty and courts are hardly convinced of this due to judicial stigma
o hence need a very strong case
all of these remedies known as the prerogative wriths
Crown office- where negotiator gets documents
Additional reading books:
De smith
Wade and Forsyth, Administrative law
Cane administrative law
Professor Craig (confusing, don’t read)
Textbook: Leyland and Athony on administrative Law
Casebook: Elliot and Varuhas
Administrative Law:
Judicial review Means by which the government is held to account in the courts
Jena Miller case: parliament had to give a vote on article 50 (Brexit), example of JR
Every case has a constitutional aspect
Judicial review characterised by speed; fast process
6 years for a case to be brought to court
3 months for JR
no oral witnesses in JR, only written statements given as evidence
negotiator: gov. doesn’t really negotiate doesn’t want to settle, fights to win
that’s why JR lawyers need good advocacy skills, political sense
all JR litigation takes place in High court
Remedies for JR:
1) Most frequent remedy: quashing order
Cancels out a decision of the case
Described by latin phrase: certiorari
Means to be informed about the remedy
Story behind: for King to be informed about any claim or complaint made in courts
Court of King’s bench (queen’s bench division nowadays), which is in the High Court
2) Prohibiting order
prevents making of a decision that would be illegal, retroactive
would know in advance that decision is flawed before it’s taken
e.g. major policy decision taken by gov., then seek a quashing order
but to prevent a number of following decisions from that policy could only be
prevented by the prohibiting order
3) Mandatory Order
compels a public authority to do its public duty (e.g. government)
old name- mandamus (we direct in Latin)
not easy to establish this order due to reasons:
o i) must be able to demonstrate existing public duty
o ii) carries a certain stigma- saying the authority needs to be compelled to do
its duty and courts are hardly convinced of this due to judicial stigma
o hence need a very strong case
all of these remedies known as the prerogative wriths
Crown office- where negotiator gets documents
