ABSTRACT

This chapter introduces the judicial review procedure and examines matters relating to leave, time limit and delay, the requirement of standing, discovery, remedies and costs; It considers the grounds for judicial review related to illegality, irrationality and procedural impropriety and illustrates the application of these criteria with reference to lack of proper inquiry, consultation shortfall, error of approach and actual bias/predetermination or apparent bias by drawing on selected cases; The chapter considers the role of an independent judiciary and attempts by the state to circumscribe the remit of judicial review in regard to planning and development. It explores a number of matters that arise in regard to judicial review procedure. The chapter discusses the issue of delay in making a judicial review application and this raises an issue as to whether the court can have regard to this when determining what relief it can grant.