Administrative Law Judicial Review Essay Example | Topics and Well Written Essays - 1000 words

Administrative Law Judicial Review - Essay ExampleYardley asserts that juridical review is the ultimate safeguard for the ordinary citizen against unlawful action by .the more powerful administration5.In order to be amenable to judicial review, the relevant organisation must be a unexclusive body6 and it is evident that the Council is a public body under the source test7 under the first limb of eligibility. Moreover, the Councils functions clearly fall within the second limb of eligibility is the functions test, which was established in the case of R v Panel of Takeovers and Mergers, ex parte Datafin8. In this case it was asserted that the relevant consideration was whether the body performed a public function, or alternatively whether its conduct had public law consequences. If these considerations were answered in the affirmative, the body would be a public body9.To institute proceedings for judicial review, Greener World will have to make an application for deviate of the court before applying for judicial review and then issue their claim under the Civil process Rules, part 5410. Any claim for judicial review must then have permission of date of the Administrative Court11. Furthermore, in order to be eligible to make an application, Greener World must have venue standi, which in simple terms is the right to apply for judicial review. This requirement is essential as a filter for the judicial review process, limiting applicants to those who have a sufficient interest. Section 31(3) of the irresponsible Court Act 1981 provides that permission for judicial review will not be granted unless it considers the applicant has a sufficient interest in the manner to which the application relates12.The definition of sufficient interest has been understand widely13 and was considered in depth in the case of R v Inland Revenue Commissioners, ex parte internal Federation of Self-Employed and Small Businesses Ltd14. In this case, the House of Lords asserted that ot her than