Judicial Review Appeal Process

Summary

In UK administrative law, an appeal involves reviewing a lower courts decision by a higher court to check for legal or procedural errors. Before seeking judicial review, all administrative appeal options must be exhausted. Appellate jurisdiction allows a higher court to replace a lower courts decision, while supervisory jurisdiction reviews public body decisions without replacing them. Judicial review focuses on the legality of decision-making, not the merits of the case. If a decision is unlawful, it can be quashed and sent back for reconsideration.

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appeal before judicial review means?
In UK administrative law, an "appeal before judicial review" means you must first exhaust all available appeal processes within the administrative framework before you can seek a judicial review. This ensures that the decision has been reviewed by higher administrative authorities before involving the judiciary.
Would you like more details on the appeal process or judicial review procedures?
define appeal before judicial review?
An "appeal before judicial review" in UK administrative law means that you must first use all available appeal mechanisms within the administrative system before seeking a judicial review. This ensures that all administrative remedies have been exhausted before judicial intervention.
Would you like more details on the appeal or judicial review process?
examples for appeal before judicial review?
Here are some examples of "appeal before judicial review" in UK administrative law:
- Immigration Decisions: Before seeking judicial review, you must first appeal to the Immigration Tribunal if you believe the Home Office made an error in your immigration decision.
- Planning Permissions: If a local planning authority rejects your planning application, you must appeal to the Planning Inspectorate before seeking judicial review.
- Social Security Benefits: If denied benefits, you must appeal to a tribunal before pursuing judicial review.
Would you like more information on a specific type of appeal?
APPEAL REVIEWAppellate jurisdictionThe court can substitute the decision of the lower court with its ownEXAMPLE:A person is held to be in breach of contract by the Court of SessionThey appeal to the UK Supreme Court on the grounds that the Court got the law wrong, and that theywere not accordingly in breach of contractUK Supreme Court could decide to uphold the decision of the Court of Session, or decide that it hadreached the wrong decision due to an error in lawIf so, the UK Supreme Court can overturn the decision of the Court of Session and substitute it with its own Supervisory jurisdictionThe court cannot substitute the decision of the public body with its own
It seems like you’re seeking clarification on appellate and supervisory jurisdiction in the context of the judicial review process. Here’s a concise explanation:
- Appellate Jurisdiction: The higher court can replace the lower court's decision with its own.
- Supervisory Jurisdiction: The court reviews decisions of public bodies but cannot replace them.
Would you like specific examples or details on any part of this process?
why can't the court replace the decisions for judicial review?
In judicial review, the court's role is to ensure that public bodies act lawfully, fairly, and reasonably. It does not replace the decision because its function is not to re-evaluate the merits of the decision but to assess its legality. If the decision is found unlawful, it can be quashed, and the matter is usually sent back to the public body for reconsideration.
Would you like more details on the remedies available in judicial review?
what are merits of cases?
In judicial review, the "merits of the case" refer to the substantive aspects of the case, such as the facts, evidence, and the legal principles applied. Judicial review focuses on the legality of the decision-making process rather than re-examining these merits.
Would you like more information on how the court assesses the legality of a decision?
yes
In a judicial review, the court evaluates the legality of a decision rather than re-examining the facts or evidence (the merits). The court checks if the decision was made lawfully, fairly, and reasonably, and whether proper procedures were followed.
Would you like to know more about the grounds for judicial review or the specific legal principles applied?