ABSTRACT

Traditional and modern grounds of Judicial Review In Chapter 8, you were introduced to the topic of Judicial Review (JR) and the main legal means by which the decisions and actions of Government Departments, regulators and other public bodies can be challenged in the Administrative Court. We looked at the Government bodies and decisions that can be challenged and the remedies available to the courts. We also examined the JR process of standing ( locus standi ) and which individual or group action would successfully proceed to full JR if they can show at leave stage that the applicant has suffi cient interest in the administrative decision complained of. You also saw that JR is not directly concerned with the merits of the decision (was it a good or a bad one?) but whether the decision was reached in a proper manner and is within the range of permissible outcomes in law. That is, was the procedure in reaching a decision properly followed? Did the public body act within the law? Or did the administrative authority act outside its statutory powers ( ultra vires )?