A Guide To The Judicial Review Process

Public Law Project Information Leaflet 4 Public Law Project 20061A brief guide to judicial reviewprocedure1.What is judicial review?Judicial review is a form of court proceeding in which a judge reviews the lawfulness of a decisionor action made by a public body. It is a challenge to theway in which a decision has been made. It isnot really concerned with the conclusions of that process and whether those were right, as long asthe law has been correctly applied and the right procedures have been followed. The court will notsubstitute what it thinks is the 'correct' decision. This may mean that the public body will be ableto make the same decision again, so long as it does so in a lawful way. If you want to argue thatthe decision was incorrect, judicial review may not be best for you. You should look at thealternative remedies (see 4 below).Judicial review may be appropriate where:an unlawful decision or action (2) has been taken by a public body (3); and,no alternative remedy (4) is available.2.What makes a decision unlawful?Judicial review looks at the lawfulness of actions and decisions. These can be challenged on anumber of grounds, which are usually described as follows:illegality;irrationality; andunfairness.Illegality.Public bodies must