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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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    MOVERS & SHAKERS

    Gateley Legal—Jack Kelly

    Gateley Legal—Jack Kelly

    Gateley Legal expands Midlands residential development team

    Gibson Dunn—Richard Surtees

    Gibson Dunn—Richard Surtees

    Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

    Laytons ETL—Alec Cameron

    Laytons ETL—Alec Cameron

    Laytons ETL appoints new partner and head of intellectual property disputes

    NEWS
    A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
    Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
    Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
    The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
    The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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