Delve into the critical process of judicial review, a cornerstone of public law that ensures government accountability. Gain valuable perspectives on the principles and procedures that empower legal practitioners to challenge administrative decisions effectively.
The following Local Government news provides comprehensive and up to date legal information on High Court dismisses claim brought by doctors’ advocacy body against GMC (R (on the application of Anaesthetists United Ltd and others) v GMC)
Sources of constitutional lawIn briefThe British constitution is unwritten in the sense that it does not derive from a single constitutional text. It...
Methods of statutory interpretation used to resolve disputes about the meaning of legislationIntroduction to statutory interpretationThe aim of...
Convention rights—structure of qualified rightsThe rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human...
Judicial review—time limits and the pre-action protocolWhen considering whether and how to bring a claim for judicial review, the first step is to...
Judicial review—the Tameside dutyOverview of the Tameside dutyThe Tameside duty takes its name from Secretary of State for Education and Science v Tameside MBC. As Lord Diplock explained, the duty requires the decision-maker to have ‘[asked] himself the right question and take reasonable steps to
Grounds of judicial review—illegalityOverview of the illegality groundIllegality is the first of the grounds on judicial review set out by Lord Diplock in his classic exposition in Council of Civil Service Unions v Minister for the Civil Service:‘one can conveniently classify under three heads the
What is fettering of discretion in judicial review? When is it an actionable ground of challenge and what must be established for a challenge to succeed?Save in particular circumstances, a public body cannot prevent itself from properly considering the exercise of its discretion in individual cases.
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
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