Judicial review and public body decision making

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Judicial review and public body decision making

Judicial review and public body decision making

Judicial review (JR) is the process by which judges examine the decisions of public bodies and consider whether the law has been correctly followed. It is important to stress that JR is not a re-run on the merits of the decision – judges confine themselves to considering whether the decision being challenged was lawful, and complies with the principles of public law. The potential grounds for JR are outlined below.

If a JR claim is successful the usual result is that the decision is "quashed" or nullified and has to be taken again. While this means that the public body can take exactly the same decision again, the need to follow proper procedure means that, in practice, at least a better - and often a substantively different - decision results.

JR can be an expensive and time-consuming process but it often the last mechanism people have for checking the abuse of power within Government and public bodies. It is therefore crucial for upholding the rule of law. JR is most effective when it forms part of a focused campaign to raise public awareness about issues of either significant local concern or wider public interest.

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