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Challenging the balance of power (Pt 3)

11 April 2019 / Simon Parsons
Issue: 7836 / Categories: Features , Procedure & practice , Judicial review
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In his final update, Simon Parsons considers the development of proportionality as a ground for judicial review

  • Has proportionality as a ground for judicial review overtaken irrationality?
  • Judicial review remedies.

The two previous articles in this series covered the judicial review process in relation to executive action and the possible grounds to challenge the public law decisions taken by public bodies (see NLJ 8 March 2019, p18 and NLJ 15 March 2019, p17). The focus here is on the development of proportionality as a ground for judicial review and whether it has overtaken irrationality.

Proportionality

In Council of the Civil Service Union v Minister for the Civil Service [1985] AC 374 (the GCHQ case) the House of Lords held that a public body’s decision may only be quashed if it abused its power (illegality), or if it failed to observe the basic rules of natural justice or it failed to act with procedural fairness (procedural impropriety), or if the public body’s decision

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

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Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
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Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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