Deck 21: Judicial Review: Introduction, Jurisdiction and Procedure

Question 1

An application for judicial review on human rights grounds will always fail if it is not brought within a year of the relevant conduct.

Answer 1

False

Question 2

Outline the exclusivity principle and evaluate any exceptions to it as a rule.

Answer 2

No Answer

Question 3

Explain how pressure groups can gain standing to bring actions in the public interest.

Answer 3

No Answer

Question 4

Explain the difference between a judicial review and an appeal.

Question 5

Describe the impact that the Human Rights Act 1998 had on the courts' powers of judicial review.

Question 6

Compare and contrast the 'red light' theory and the 'green light' theory.

Question 7

Giving examples, outline the nature of judicial review and how it upholds the doctrine of the rule of law.

Question 8

Which of the following remedies are available in proceedings for judicial review?

A) Prohibiting orders
B) Mandatory orders
C) Rescission
D) Injunction

Question 9

In relation to the Freedom of Information Act 2000, which of the following statements are TRUE?

A) The Information Commissioner's reports are published
B) The Information Commissioner has jurisdiction to investigate allegations made under the Act
C) Under the Act, all public information has to be available to the public
D) The Commissioner can investigate where a public body does not give reasons for its decision

Question 10

Which of the following statements are TRUE?

A) Judicial review can only be brought against a public authority
B) If there is an alternative remedy the applicant can choose whether to pursue it or to bring an action in judicial review
C) There is no unfettered right to judicial review
D) A successful action in judicial review will lead to courts making a decision on the matter

Question 11

In relation to standing and judicial review, how many stages does the 'sufficient interest' test have?

A) 2
B) 3
C) 4
D) 5

Question 12

Which section of the Human Rights Act 1998 lays down a specific duty on public authorities?

A) 4
B) 5
C) 6
D) 7

Question 13

Even if a claimant is successful in proving his or her case in judicial review, a remedy may not be granted.

Question 14

'Ouster clauses' which deny a right to judicial review can never be effective.

Question 15

Pressure groups acting in the public interest cannot gain standing for judicial review actions.

Question 16

There is an automatic right to a remedy in judicial review proceedings.

Question 17

Judicial review is a form of appeal against the decision of a public body.

Question 18

Evaluate the broad and narrow approaches to standing.