Judicial Review Judicial review means by which courts

Judicial Review • Judicial review – means by which courts control the exercise of governmental power – ensure that public bodies (government departments; local authorities; tribunals, etc) exercise their powers in a lawful manner – concerned with legality of decisions NOT merit

Judicial Review • Public law and Private law – public law • concerned with the state and with relationship between individuals and state administered in ordinary civil and criminal courts and special constitutional courts – private law • concerned with relationships between individuals

Judicial Review • available to test lawfulness of decisions by public body NOT private bodies • must be distinguished from an ordinary appeal against a decision • appellate courts – appellate jurisdiction over civil and criminal courts • judicial review court – supervisory jurisdiction – concerned with the manner in which the decision-making body has applied the relevant rules • no direct ‘right’ to judicial review – seek ‘leave to appeal’ before a judge in the Queens Bench of the High Court

Administrative Law • Prerogative orders – Certiorari – quashes the original decision – Prohibition – commands public to refrain from an illegal action – Mandamus – commands public body to perform its duty • Private law remedies – Declaration – declares what the legal position is – Injunction – commands action – Damages

Judicial Review • Basis of Judicial Review – Supreme Court Act 1981 – Rules of Supreme Court Order 53 • Application for judicial review – application within 3 months of cause for complaint – application made to High Court Judge (Queens Bench Division) ex parte (without having to give notice to the decision-maker)

Judicial Review • Grounds for judicial review – illegality • decision transgresses powers given to the public body – irrationality (Wednesbury unreasonableness) • decision irrational or unreasonable – procedural impropriety • failure to observe the rules of natural justice or comply with procedures laid down by statute

Judicial Review • NHS rationing of health care resources – judicial review of rationing raises questions of: • legality of rationing – statutory duties; priority setting; services within NHS; NHS Directions and Guidelines • reasonableness of rationing - allocation of resources; clinical freedom; evidence-based guidelines: NICE; discretion • Procedural propriety – processes for consultation and appeal