10 Questions
What is the primary purpose of judicial review?
To determine the legality of the decision-making process
In the context of public functions, who often grants powers to public bodies?
Parliament
What does it mean for a minister to act 'intra vires'?
To act within the scope of the granted power
In Padfield v Minister of Agriculture, Fisheries and Food (1968), what was the outcome of the challenge?
The desired outcome was achieved
What is the main focus of judicial review?
The legality of the exercise of executive power
What is the main purpose of judicial review?
To supervise the exercise of discretionary power to ensure it has been exercised lawfully
What did the House of Lords rule regarding a minister's discretion to refuse an investigation?
It is subject to judicial review if a refusal would frustrate the policy of an Act
According to Lord Clyde in REID V SECRETARY OF STATE FOR SCOTLAND (1999), what does judicial review involve?
Challenging the legal validity of the decision without intervention
Why is it essential for the judiciary to be separate from and independent of the executive?
To ensure a fair and unbiased application of the rule of law
What does Lord Atkin's statement in Liversidge v Anderson (1942) imply?
'More executive minded than the executive' judges may not act independently
Learn about the concept of judicial review, which allows courts to control the exercise of governmental power and determine the lawfulness of the exercise of executive power. Explore the legality of decision-making processes rather than the merits of the decisions themselves.
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