Judicial Review Judicial review –means by which courts control the exercise of governmental power –ensure that public bodies (government departments; local authorities; tribunals, etc) exercise their powers in a lawful manner –concerned with legality of decisions NOT merit

Judicial Review Public law and Private law –public law concerned with the state and with relationship between individuals and state administered in ordinary civil and criminal courts and special constitutional courts –private law concerned with relationships between individuals

Judicial Review available to test lawfulness of decisions by public body NOT private bodies must be distinguished from an ordinary appeal against a decision appellate courts –appellate jurisdiction over civil and criminal courts judicial review court –supervisory jurisdiction –concerned with the manner in which the decision-making body has applied the relevant rules no direct ‘right’ to judicial review –seek ‘leave to appeal’ before a judge in the Queens Bench of the High Court

Administrative Law Prerogative orders –Certiorari – quashes the original decision –Prohibition – commands public to refrain from an illegal action –Mandamus – commands public body to perform its duty Private law remedies –Declaration – declares what the legal position is –Injunction – commands action –Damages

Judicial Review Basis of Judicial Review –Supreme Court Act 1981 –Rules of Supreme Court Order 53 Application for judicial review –application within 3 months of cause for complaint –application made to High Court Judge (Queens Bench Division) ex parte (without having to give notice to the decision-maker)

Judicial Review Grounds for judicial review –illegality decision transgresses powers given to the public body –irrationality (Wednesbury unreasonableness) decision irrational or unreasonable –procedural impropriety failure to observe the rules of natural justice or comply with procedures laid down by statute

Judicial Review NHS rationing of health care resources –judicial review of rationing raises questions of: legality of rationing – statutory duties; priority setting; services within NHS; NHS Directions and Guidelines reasonableness of rationing - allocation of resources; clinical freedom; evidence-based guidelines: NICE; discretion Procedural propriety – processes for consultation and appeal