Judicial Review: Challenging Government Decisions

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18 Questions

Which branch of government is responsible for enforcing laws?

Executive

What is the principle behind the separation of powers among the executive, legislative, and judicial branches?

To ensure a system of checks and balances

What is the main purpose of Judicial Review?

To provide a critical check on the power of the state

What is the time limit for initiating Judicial Review proceedings?

Three months

What is the purpose of the pre-action protocol in Judicial Review?

To resolve the issue outside of court

What is the purpose of the locus standi requirement in Judicial Review?

To ensure only directly affected parties can bring a claim

What is the primary function of judicial review in a legal system?

To ensure that public authorities act within their legal authority

What is the fundamental principle that emphasizes the equality of all individuals before the law?

Rule of Law

What is the potential conflict that may arise between the concept of judicial review and the principle of separation of powers?

Judicial review may lead to the accumulation of power by the judiciary

What is the primary goal of the rule of law in a society?

To maintain a stable and orderly society

What is the role of judicial review in ensuring that public bodies act within their legal authority?

It serves as a safeguard against governmental abuse of power

What is the relationship between judicial review and the rule of law?

Judicial review is a component of the rule of law

What is the primary purpose of obtaining permission from the court before proceeding with a judicial review challenge?

To ensure that the claimant has a valid legal reason to proceed

What type of body can be challenged through judicial review?

Either a public body or a private body performing a public function

Which of the following grounds for judicial review alleges that the decision or action was made unlawfully?

Illegality

What is the purpose of a Quashing Order in judicial review?

To nullify the decision or action under review

What is the term for the concept that the decision or action is so unreasonable that no reasonable authority could have made it?

Wednesbury unreasonableness

What is the purpose of a Mandatory Order in judicial review?

To direct the defendant to perform a specific act or duty

Test your understanding of judicial review, a crucial mechanism that ensures public authorities act within their legal authority and adhere to procedural fairness. Explore a hypothetical scenario where a citizen seeks judicial review of a decision made by a local authority.

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