Judicial Review and Locus Standi

Study Notes

Judicial Review

Judicial review is a process where a court reviews decisions made by government ministers, lower courts, tribunals, or other administrative bodies.
The purpose of judicial review is to ensure these bodies act legally, rationally, and follow proper procedures.
Lord Diplock clarified this concept in the CCSU v The Minister for the Civil Service case.
Courts in judicial review do not assess the merits of the decision, but rather the decision-making authority's power to make the decision.
It's essentially a review of the legality or propriety of the decision-making process.

Locus Standi

A necessary prerequisite for judicial review is locus standi, meaning the person seeking review must demonstrate a personal interest in the matter and be directly affected by the decision.
A general interest isn't enough. Direct impact is required from the decision.

Persons/Bodies Subject to Judicial Review

Appeal vs. Judicial Review: Appeals challenge the application of the law, potentially due to overlooked facts or cases, leading to a decision reversal. Judicial review, however, examines the decision-making authority, not the merits themselves.
Statutory Bodies: These are bodies created by Parliament, with powers derived from specific legislation. They are also known as public bodies, encompassing entities like integrity commissions, government ministers, and lower courts.
Public Law Triggering Judicial Review: A public (statutory) body, tribunal or official creates public law when acting or failing to act on a public duty that's owed to an individual.

Description

This quiz covers the fundamental concepts of judicial review and locus standi. It discusses the purpose of judicial review, the significance of legal processes, and the requirement of personal interest for those seeking a review. Understand the distinction between appeals and judicial review as well.