司法审查
挑战公共机构决定、审查依据、救济和程序要求。
简介
司法审查允许法院监督公共机构决定的合法性。
In Brief
Judicial review is the High Court's supervisory jurisdiction over public law decisions. The three classic grounds are illegality, irrationality (Wednesbury unreasonableness), and procedural impropriety (GCHQ [1985]). Proportionality applies where fundamental rights under the Human Rights Act 1998 are engaged. Claims must be filed in the Administrative Court promptly and within 3 months (6 weeks for planning). Permission must be granted before a full hearing. Remedies include quashing orders, mandatory orders, declarations, and injunctions.
核心原则
Three Grounds — Illegality, irrationality, and procedural impropriety (GCHQ [1985]).
Proportionality — Applied where fundamental rights are engaged (post-HRA 1998).
Standing — The applicant must have 'sufficient interest' (s.31(3) Senior Courts Act 1981).
Permission Stage — Claims must be arguable and brought within 3 months.
Remedies — Quashing orders, mandatory orders, prohibiting orders, declarations, injunctions.
Ouster Clauses — Courts resist attempts to exclude judicial review (Anisminic [1969]).
关键法规
Senior Courts Act 1981
Human Rights Act 1998
重要判例
常见情景
Council refuses planning permission unreasonably
If irrational or failing to consider material factors, judicial review may succeed. Planning JR must be issued within 6 weeks.
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Frequently Asked Questions
What are the grounds for judicial review?
The three classic grounds are: illegality (the decision-maker did not correctly understand or apply the law), irrationality (the decision was so unreasonable no reasonable authority could have made it — Wednesbury), and procedural impropriety (a fair hearing was not given or procedural rules were not followed). In human rights cases, proportionality is an additional and more intensive ground of review.
How do I apply for judicial review and what is the time limit?
Judicial review claims must be filed in the Administrative Court promptly and in any event within 3 months of the decision. For planning decisions, the time limit is 6 weeks; for procurement challenges, 30 days. The claim starts with an application for permission. You must also show you have 'sufficient interest' (standing). Forms N461 (claim form) and supporting grounds are filed with the court.
What is the difference between judicial review and an appeal?
An appeal involves a higher court reconsidering the merits of the original decision — whether the right outcome was reached. Judicial review challenges the lawfulness of the decision-making process — whether the decision-maker followed the law, acted reasonably, and followed fair procedures. Judicial review does not allow the court to substitute its own decision; it can only quash the original decision and require the matter to be reconsidered.
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