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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

    Anthony Collins—William Hallett & Lorna Scully

    Anthony Collins—William Hallett & Lorna Scully

    Anthony Collins hires two talented legal directors

    Switalskis—five appointments

    Switalskis—five appointments

    Firm expands national abuse compensation team

    Mathys & Squire—nine promotions

    Mathys & Squire—nine promotions

    IP firm announces new partners and senior promotions across UK offices

    NEWS
    A High Court ruling has sent a jolt through the legal profession after a newly qualified solicitor used an internal AI tool to produce court correspondence containing a fabricated legal citation
    A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
    Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
    Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
    Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
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