Judicial review is also important in the context of federalism, and the balance of power between the central government and the state governments in the United States. 12.4.7 To determine whether a body is a public authority reference can be made to the following factors (Aston Cantlow and Wilmcote with Billesley Parochial Church Council v Wallbank (2003)): 12.4.8 Sometimes a private body can be deemed to owe duties under section 6 of the Human Rights Act 1998, because the courts themselves (since they are public bodies) have a duty proactively to protect the rights of individuals subject to the actions of private bodies. I feel that in bringing this case before the courts for judicial review, David and Mary’s attempt to triumph will not be successful as the local housing authority stayed within its boundaries as laid out in the legislation, i.e. Lord Hoffman described the significance of Judicial Review in the subsequent statement: ‘The principles of Judicial Review give effect to the Rule of Law. They ensure that administrative decisions will be taken rationally in accordance with a fair procedure and within the powers conferred by Parliament.’. 1 decade ago. 12.2.7 Sunkin and Bondy concluded as a result that (in early 2013 at least) it was potentially ‘misleading [of the Ministry of Justice] to rely on data relating to immigration/asylum JRs in order to justify reforms to the JR system as a whole’. When illegality is used as a ground for Judicial Review, the individual or body making the decision must follow and undoubtedly comprehend the law that regulates their power and must give effect to it. Judicial Review is not a process of appeal and must only be used when all other avenues of resolution have failed. We see an example of such powers being exceeded in Bromley Council v Greater London Council [1983]. Dealing with death of a patient as healthcare provider, Turnitin reports all your completed papers. All Rights Reserved by KnowledgeBase. For example, we see no mention of drug use, personal circumstances, prior convictions or even circumstances surrounding complaints from neighbours in the sections outlined in The Public Housing Act 2010. 12.1.8 Judicial review cannot be used for private law matters (see below). In reality it often ?merely amounts to an invitation for the same decision-maker to take the decision ?again. 12.2.1 In December 2012, the Ministry of Justice published a public consultation paper (‘Judicial Review: Proposals for reform’) which set out the argument that there had ‘been a significant growth in the use of Judicial Review to challenge decisions of public authorities, in particular over the last decade’. R (Julian West) v Lloyd’s of London (2004)). It could be said that perhaps the courts have taken a somewhat restricted view of locus standi by holding that only those directly affected by an administrative action should have standing to apply for a review. 1 1. hajec7. 12.1.3 For example, Lord Hoffmann in R (Alconbury) v Secretary of State for the Environment, Transport and the Regions (2001) described the significance of judicial review in terms of the constitution in the following terms: ‘The principles of judicial review give effect to the rule of law. Regardless of this, it could be said that the couple felt that they were being treated unfairly due to David’s previous convictions, as mentioned by the local housing authority when reaching their decision to relocate the couple. You get 15% off the full price. Unlike in an appeal, the court will therefore not substitute its own assessment of the merits. This tension…, The incorporation of the European Convention on Human Rights into UK law by way of…, Judicial review safeguards against abusive acts by a public authority and helps maintain the Rule…. 12.2.3 Two key suggestions by the Ministry of Justice were that time limits to bring an application for judicial review should be enforced more strictly, and that the required permission of the High Court to proceed to a judicial review hearing should be harder to obtain (see Chapter 13). In the unlikely event that the court does accept that the housing association has acted unlawfully, there is no guarantee of any remedies being granted. In this case, the board had applied a ‘blanket’ policy instead of taking individual applications on their intrinsic worth. The idea of constitutionalism, is in conflict with the idea of parliamentary sovereignty. 12.3.4 Human rights-based review of actions or decisions by public bodies is often something that supplements pre-existing common law-based judicial review approaches. 12.1.1 Judicial review is the process whereby the judiciary examines the legality of the actions of the executive. As illegality is considered to be the violation of the principles set down by public law, the local housing authority could be accused of refusing to take relevant information into account such as the couple not having any rent arrears and by the same measures, not ignoring irrelevant information either, such as the drug use and previous convictions of David. Hence it represents the means by which the courts may control the exercise of governmental power. [2], Judicial Review is the reassessment of the legality of actions or decisions made by those in position of public authority or bodies. They ensure that administrative decisions will be taken rationally in accordance with a fair procedure and within the powers conferred by Parliament’. [19] If this test was applied in the case of David and Mary then the court would probably find that the housing authority had acted within their boundaries as stated in the legislation protecting their actions. However, in the case IRC v National Federation of Self-Employed and Small Businesses Ltd [1981] [5] when referring to those who should be able to apply for Judicial Review on the basis of locus standi, Lord Roskill stated it “impossible to find a phrase which was exhaustive or definitive of the class of person entitled to apply for judicial review”. In the couples defence, the housing authority could be seen to have acted in bias of the couple, given the fact that they have mentioned drug use, David’s previous convictions and re-locating the couple to a less up market area. The use of the words ‘power to force’ in section 1 of the act and also the use of the words ‘in its absolute discretion’ in section 7(2) covers the actions of the public authority. 12.4.2 There is no single test to identify a public body and the courts will examine a number of factors. In order to receive remedy, David and Mary would have to have suffered substantial hardship or loss but as the local housing authority has offered them alternative housing, they have not suffered great hardship. 12.1.6 The process of judicial review is therefore procedural in nature and determines whether a public body has acted within its powers (intra vires) or outside of its powers (ultra vires). Public bodies have a legal duty to act in accordance with Convention rights; failure to do so may result in judicial review proceedings. Module. The legal significance of judicial review is much overrated. 12.4.1 Judicial review is only available to challenge decisions made by public bodies. It has been heard in past cases that the courts have been advised not to steer clear of the literal interpretation of words used in a piece of legislation. The legal significance of judicial review is much overrated. The main purpose of Judicial Review is to ensure that public authorities do not act in excess of their powers and this explanation is supported in the following words of Sedley J “the purpose of Judicial Review is to ensure that government is conducted within the Law”. In this case, the local housing authority is protected by the language used in the Public Housing Act 2010. n R (Alconbury) v Secretary of State [2001]. 12.1 Defining the role of judicial review. Lord Hoffman described the significance of Judicial Review in the subsequent statement: ‘The principles of Judici Many who would support a small central government see judicial review as an encroachment on the rights of states to make their own laws. Critically discuss. The Legislative branch of US government has no restrictions on what kinds of law it can write. Judicial review is important in the US government because it serves as a check on the other branches of government. However, the decision was reached on the basis of improper purpose, namely to reduce traffic congestion. Judicial review is the power established through the landmark supreme court case Marbury v. Madison. We see an example of fettered discretion in BOC v Board of Trade [1971] [17] , where it was concluded that the Board had failed to implement its discretion in the correct manner. [6] Fundamentally, in his statement, Lord Roskill was backing the decision of the Rule Committee of the Supreme Court 1977 and the use of the phrase ‘sufficient interest’. 12.3.1 The Human Rights Act 1998 has had a significant impact on judicial review. This is a vital rule in natural justice. [9] Basically, what Lord Diplock was saying here was that any public spirited individual should be allowed to challenge the legality of an administrative action. EssayHub’s Community of Professional Tutors & Editors, Professional Custom Essay Writing Services. 12.1.4 Wade describes judicial review as ‘an essential process if the rule of law is to be observed in a modern democracy’. 12.4.6 Under the Human Rights Act 1998 challenge through the process of judicial review can be made against decisions of public authorities, defined under section 6 to include courts and tribunals and ‘any person whose functions are functions of a public nature’. A literal approach to the legislation would be welcomed here in the defence of the housing authority. In finding that a public body has exceeded its lawful authority, the court will not inquire into the subjective correctness of the decision, but only into the process by which the decision was reached. 12.2.4 Legal academics Varda Bondy and Maurice Sunkin have challenged the use of bare statistics, such as the ones mentioned above, to argue that too many judicial review applications are being made against Government bodies. However, definition of a public authority within the context of the Human Rights Act has been narrowly interpreted (see e.g. For example, the Human Rights Act 1998 also supplements the traditional judicial review requirements of natural justice by incorporating Article 6 of the ECHR in respect of the right to a fair trial. On the other hand, the housing authority seems to have followed the procedures that had been laid down before them in The Public Housing Act 2010. These papers are intended to be used for research and reference purposes only. If it had been the case where the housing authority had evicted the couple, leaving them homeless, the outcome of the case would be much different than what is predicted above. 12.1.7 Judicial review can consequently be described as a supervisory, rather than an appellate, jurisdiction. Enjoy! If however, the power that the decision maker has is exceeded or acted outside of, then the actions would be considered to be ultra vires. The reference papers provided by bladeresearchinc.com serve as model papers for students and are not to be submitted as it is.
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