Enforcement (AQA A-Level Law): Flashcards

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Process of Judicial Review
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Judicial review definition

Legal process to challenge public body decisions for lawfulness

Court that hears judicial review cases

Queen's Bench Division of the High Court

Three grounds for judicial review

Illegality, irrationality, and irregularity

Illegality in judicial review

Public body acts beyond its legal powers (ultra vires)

Irrationality in judicial review

Decision so unreasonable no reasonable body would make it

Procedural irregularity in judicial review

Public body fails to follow correct procedure

Prohibition remedy

Prevents public body from continuing with unlawful decision

Certiorari remedy

Quashes/cancels a decision already made by public body

Mandamus remedy

Compels public body to perform a duty it failed to do

Wednesbury case (1948) established

Test for unreasonableness: decision no reasonable body could make

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