Can a judicial review claim be brought against a political party?

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Published on LexisPSL on 05/04/2019

The following Public Law Q&A provides comprehensive and up to date legal information covering:

  • Can a judicial review claim be brought against a political party?

Judicial review is a process by which the courts exercise a supervisory jurisdiction over the exercise of public functions by public bodies. It is a public law remedy, aimed only at controlling the use of powers of a public nature.

CPR 54.1(2) states that:

‘(a) a “claim for judicial review” means a claim to review the lawfulness of–

(i) an enactment or

(ii) a decision, action or failure to act in relation to the exercise of a public function.’

Some of the key preliminary considerations when deciding whether to bring proceedings for judicial review include:

  1. judicial review only lies against public bodies when carrying out public functions

  2. a claim for judicial review may only be brought by a claimant with a sufficient interest in the matter

  3. it can only be brought on certain grounds

For backround reading, see: Judicial review—overview.

For more information, see Practice Note: Judicial review—what it is and when it can be used and Judicial review—key preliminary considerations—checklist. See also: The Administrative Court Judicial Review Guide.

Judicial review may only be brought against a publi

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