1,097
28
Review, 4 pages (850 words)

The judicial review law constitutional administrative essay

Advertising We'll write a high-quality original custom paper on The judicial review law constitutional administrative essay just for you with a 15% discount for the 1st order Use a Discount Use a Discount

To start with, before proceeding with any claim to the court, the claimant must first seek the Pre-action Protocol. It comprises a letter to the defendant by identifying the issues in dispute. The purpose of this protocol is to see whether litigation can be avoided, and achieved a settlement. One of the flaws with judicial review is in term of time which has lengthened. For instance, in 2007, there were 6690 applicants[2]seeking leave to apply for judicial review. In R (Cowl) v Plymouth City Council,[3]the Court of Appeal highlighted the importance of avoiding the use of litigation whenever possible. Therefore, a reform will be to encouraged claimants to make use of alternative dispute resolution such as negotiation which are more appropriate in certain circumstances and make judicial review the last remedy. However, if litigation cannot be avoided the claim should be brought in the Administration Court in London, stating the decision to be reviewed. In order to proceed with judicial review, the claimant should seek leave to the court. This operates as a ‘ filter’ stage to safeguard the court against the ‘ vexations challenges’ and ‘ the flood of ‘ hopeless’ cases’. It also protects and facilitates the public bodies against unarguable claims. When permission has been granted, the claim is sought ex parte[4], however this has been changed on a more inter parties[5]basis. This is prepared in order to inform the court better about the nature of the problem. The Law Commissioner’s propose a reform to replace the ‘ leave to apply for judicial review’ by ‘ preliminary consideration’ to end considering ‘ whether cases are arguable but whether there is a serious issue to be tried.’[6]The next step is time limit, the claim for Judicial Review must be filed ‘ promptly’[7]and ‘ in any event not later than 3 months after the grounds to make the claim first arose’[8], unless there are good reasons to extend the period. The case of R v Warwickshire CC, ex parte Collymore[9]is an example of court accepting an out of time submission for good explanations. The purpose of the time limit is twofold; firstly ‘ it protects public bodies as these bodies know that three months after their actions they will not be subject to judicial review.’[10]Secondly, in accordance with the rule of law it is of crucial importance that a legal problem must be solved as soon as possible. However for statute[11]this period, may not apply for ‘ a shorter time for making the claim for judicial review’[12]. Instead of having a dual text of 6 weeks and 3 months, having a fixed period of time will be a recommended reform. Hereafter, the claim must be brought to court when ‘ the applicant has a sufficient interest’[13]or Locus Standi[14]meaning that the applicant must have been affected by the actions of the public bodies. The justification for such request lies under the need to limit challenges to genuine cases and to avoid unarguable interference in the administrative process by those whose objectives are not accurate. The leading case of locus standi, is R v Inland Revenue Commissioners, ex parte NFSSB[15]the House of Lords approach standing was in two stages; firstly, standing should be considered where permission is granted and secondly whether merits of the case are known. Another proposal of reform, have been recommended by the Law Commissioner’s is to move the test of locus standi to ‘ sufficient interest’ to see whether has been affected or would be ‘ adversely affected or that he is acting in the public interest in applying for judicial review.’Afterwards, the claimant must ensure that the body which will be subject to judicial review is against public/governmental body which would concern a public law issue. R v Ealing London Borough Council, ex parte Times Newspapers and others[16], is an example of a public body which was subject to judicial review; the court held that banning of ‘ The Times Newspapers’ in the three councils of the libraries was unlawful. Judicial review is only concern with the public law matters and rights, but not every situation will falls under the procedure of judicial review. If the claimant is granted permission from the court, the claim can proceed with judicial review claim known as the substantive hearing. At this stage, the court will need to reconsider if the individual have a ‘ sufficient interest’ in seeking the grounds of judicial review. Also, the court needs to determine through the examination of the documentary evidence, facts and the burden of proof[17]whether or not if the accused party has infringed one or more of the grounds of the judicial review. Even if proved in court, the latter may or may not issue a remedy. Overall, the applicant will only be able to obtain an application for judicial review if it followed all the above relevant procedures. Nowadays, judicial review had become an exclusive remedy in the public sector as it protects the human rights and liberty from unlawful and dishonest decisions. Nevertheless, the time limit of three months is a procedure ranging to criticism, as even if the claimant makes the claim before the recommend time, according to Supreme Court Act 1981[18]the court still has the power to refuse the claim. Therefore, we can conclude that the time limit may be an obstacle to judicial review for some applicants. 1004 Word Count

Thanks for Voting!
The judicial review law constitutional administrative essay. Page 1
The judicial review law constitutional administrative essay. Page 2
The judicial review law constitutional administrative essay. Page 3
The judicial review law constitutional administrative essay. Page 4

The paper "The judicial review law constitutional administrative essay" was written by a real student and voluntarily submitted to this database. You can use this work as a sample in order to gain inspiration or start the research for your own writing. You aren't allowed to use any part of this example without properly citing it first.

If you are the author of this paper and don't want it to be used on EduPony, contact us for its removal.

Ask for Removal

Cite this Review

References

EduPony. (2022) 'The judicial review law constitutional administrative essay'. 6 September.

Reference

EduPony. (2022, September 6). The judicial review law constitutional administrative essay. Retrieved from https://edupony.com/the-judicial-review-law-constitutional-administrative-essay/

References

EduPony. 2022. "The judicial review law constitutional administrative essay." September 6, 2022. https://edupony.com/the-judicial-review-law-constitutional-administrative-essay/.

1. EduPony. "The judicial review law constitutional administrative essay." September 6, 2022. https://edupony.com/the-judicial-review-law-constitutional-administrative-essay/.


Bibliography


EduPony. "The judicial review law constitutional administrative essay." September 6, 2022. https://edupony.com/the-judicial-review-law-constitutional-administrative-essay/.

Work Cited

"The judicial review law constitutional administrative essay." EduPony, 6 Sept. 2022, edupony.com/the-judicial-review-law-constitutional-administrative-essay/.

Contact EduPony

If you have any suggestions on how to improve The judicial review law constitutional administrative essay, please do not hesitate to contact us. We want to know more: [email protected]