Judicial review is the mechanism by which the courts supervise the exercise of public power, making sure that government departments, local authorities, regulators and other public bodies act within the law. As a solicitor, you may need to advise a client whose life or business has been affected by an unlawful decision, or defend a public body against a challenge. Either way, you need to know whether a decision can be challenged, on what basis, and what the court can actually do about it. Crucially, the court asks whether a decision was made lawfully and fairly, not whether it was the right decision.
This lesson builds your understanding step by step:
- Nature, Foundation and Amenability — what judicial review is, its constitutional basis, and which decisions can be challenged.
- Ouster Clauses, Standing and Time Limits — who may bring a claim, by when, and whether review can be excluded.
- Pre-Action and Procedure — the protocol, the letter before claim, and the permission stage.
- Illegality — acting beyond or misusing legal powers.
- Irrationality and Procedural Impropriety — unreasonable decisions and flawed processes.
- Fairness, Bias and Legitimate Expectation — the demands of natural justice.
- Human Rights Act Grounds — challenges based on Convention rights.
- Remedies — what the court can order, and its limits.