Chapter 12 Self-test questions

Judicial review - an introduction

Quiz Content

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Judicial review allows a court to examine whether a decision-maker, in exercising their discretion to choose between a range of options, made the best decision in practice.

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There are several reasons which explain why the courts are, in general, prepared to accept that their powers of judicial review are limited to 'review' powers rather than 'appeal' powers. Which of the following are the weightiest considerations? Select all that apply.

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Which of the following are mechanisms by which decisions of public bodies and institutions can be challenged and reviewed, and which form part of that which has come to be known as 'administrative law'?

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Why has there been a perceived need for greater executive accountability in recent times (whether by the courts or otherwise)?

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The advent of judicial review has been endorsed by almost all scholars and critics, political constitutionalists and legal constitutionalists alike.

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As well as demarcating the relationship between the individual and the state, judicial review can also effectively operate to demarcate the relationship between different 'layers' of the UK constitution.

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One theory of judicial review stipulates that, by reviewing the actions of public bodies, the judges are effectively enforcing and policing the purview of powers granted by Parliament and ensuring that the government does not act in a way which falls outside of this. What is the name of this theory?

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One of the most significant problems with the ultra vires doctrine is that, on the face of it, it is difficult to find instances of the grounds of judicial review, or the authority of courts to conduct it, in any statutory text. How have defenders of the theory sought to defend it in light of this criticism? Select all that apply.

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What is so 'radical' about the radical view of judicial review espoused by those such as Trevor Allan?

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In the Privacy International case, each of the seven sitting judges suggested that it would be open to the courts to decide whether Parliament could effectively implement a total ouster of judicial review.

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