Grounds for Judicial Review

19 October 2022

A judicial review is a type of court proceeding in which a judge examines the legality of a public body’s decision or action. Your experienced law tutor will surely assist you to enhance your knowledge in this topic.
There are four main grounds for judicial review: illegality, unreasonableness/irrationality, procedural impropriety/procedural unfairness and legitimate expectation. Illegality is where a public body exceeds its authorized power. It has various sub-grounds. To get in depth knowledge about these sub-grounds, get help from your experienced law tutor today.
Unreasonableness/ irrationality refers to the intervention of a court to quash a decision that the court considers to be unreasonable and irrational. Proportionality entails a balancing act between the legitimate goals of the state on the one hand and the preservation of the individual’s rights and interests on the other. With regards to the procedural impropriety, the public body must act fairly, i.e., impartial and must not give the appearance of being biased. The final ground, legitimate expectation, is sometimes considered a discrete ground for judicial review and emerges when a party has been given an expectation that a body will behave in a certain way, either through express declarations from the authority or by earlier conduct.

All these grounds have further requirements that needs to be satisfy for a successful judicial review claim. If you need to further expand your knowledge on these grounds, then get in touch with your highly experienced law tutor.