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.
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
An introductory guide to damages in judicial reviewThere is no general right to damages caused by unlawful administrative acts. However the court does have a discretion in certain circumstances to award damages in successful claims, which it will only exercise where it is just and appropriate to do
Grounds of judicial review—unreasonablenessThis Practice Note outlines the ground of judicial review usually known as unreasonableness or irrationality.Unreasonableness as a Ground of Judicial Review‘Irrationality’ is the second of the three grounds for judicial review identified by Lord Diplock in
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.
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