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07 March 2019 / Simon Parsons
Issue: 7831 / Categories: Features , Procedure & practice , Judicial review
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Challenging the balance of power

In the first part of a series of three articles, Simon Parsons investigates judicial review of executive action

  • Challenging the power of public bodies.
  • Judicial review as a remedy of last resort.
  • Principles of English public law.
  • Procedural matters.
  • Decisions of public bodies can be challenged by way of judicial review and may be quashed as ultra vires (beyond its powers). Following the incorporation of the European Convention on Human Rights (the Convention) into domestic law many judicial reviews concern the abuse of Convention rights.

    When determining whether governmental action is legal and valid, the administrative court is exercising what is known as an inherent jurisdiction, ie it derives from the common law and not from statute. The judges are very quick to resist any attempts to curtail this jurisdiction because it gives effect to the underlying values of judicial review that is the rule of law and the separation of powers. The rule of law requires that those who exercise governmental power comply with minimum standards of good

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    NEWS
    The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
    A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

    Safety fears do not automatically justify shutting an interested person out of a statutory will application

    Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
    The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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