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Essay / Research Paper Abstract
This 10 page paper consider the circumstances in which there may be the right to apply for judicial review under UK Law. The bibliography cites 15 sources.
Page Count:
10 pages (~225 words per page)
File: TS14_TEjudrev.rtf
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Unformatted sample text from the term paper:
development has been the way in which the executive are monitored and the way in which procedures may be questioned and appeals. The court system is complex, however, the there
is s system of judicial appeal in place. This is a system that has been seen to have increased in use, and although in some instances the request for a
judicial review may be in response to the failure pf a case at appeal or the desire to change the verdict, but this is not the only time it may
be requested. It should also be noted that in theory almost any decision that is made by a judicial body, a public body or a quasi public bodies will
be susceptible to review. In a judicial review there is the ability for the court to consider the underling rules and regulations, along with their legality. These can include statutory
instruments, orders in council as well as any other rules or regulations that have their authority originating with parliament or statute. For example the recent Human Rights Act 1998, which
came into effect in 2000, is a tool that facilitates judicial review. If we consider the times when judicial review may be sought then we can understand its role
and application in greater detail. Judicial review where the research may be seen as lacking. The best place to start is with the case of Council of Civil Service
Unions v Minister for the Civil Service [1985] AC 374. It was in this case that there was a statement of the grounds that could lead to a successful request
for a judicial review. The three broad categories were illegality, irrationality and procedural irregularity (Thompson, 2002). This was a case where there was clarification of the powers of the courts.
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