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Return to Complete Public Law 4e student resources
Chapter 14 Self-test questions
The Role of the Courts, Judicial Review, and Human Rights
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Judicial Review is concerned with:
the merits of the decision
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whether a decision is good policy
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the legality of a decision
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The Human Rights Act applies
vertically
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horizontally
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vertically and has indirect horizontal effect
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A claim for judicial review must be brought;
within three months of the grounds arising
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within six months of the grounds arising
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promptly and in any event within three months of the grounds arising
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Judicial review is an exclusive procedure. This means that;
claims against a body or individual exercising public functions must be brought by judicial review in the Administrative Court
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you have to have an income of £20,000 to bring an action for judicial review
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claims for judicial review can be brought in any division of the High Court.
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Permission to bring an action for judicial review is required to:
make sure the lawyers and the judge understand the case.
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so the judge can decide whether the claimant is serious.
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to prevent court time being wasted by misguided and trivial claims and to remove administrative uncertainty.
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