Judicial Review (LAWS0107)

This Module is an in-depth and contextual examination of some of the most significant and cutting edge issues in judicial review broadly defined.

This module focuses on judicial review broadly defined. Adopting England and Wales as its ‘home’ jurisdiction, it addresses a selection of the most significant and cutting edge issues in the subject in the light of the broader historical dynamics. We look not only at the common law but also at particular aspects (in the language of the Human Rights Act 1998) of ‘Convention Rights’ and (bearing in mind the Brexit planning process) of European Union Law. The module further considers the interplay (or not) of these different sources of jurisdiction, also factoring in elements of Public International Law.

The module naturally involves careful consideration of the constitutional role of the judiciary, a familiar topic of debate in many jurisdictions. Importantly, the subject will take a contextual approach, placing judicial review principles in the context of the administrative processes they are designed to regulate, not least with reference to digitisation and the rise of artificial intelligence. As well as to UK lawyers, the module should be of interest to students from many other jurisdictions both around the common law ‘globe’ and elsewhere.  

Module syllabus

The subjects will include:

The course content changes from year to year to reflect contemporary developments. The following is a provisional outline (particular seminar topics may be added or subtracted):

Part I: Setting the Scene – A Multi-Streamed Jurisdiction

1. Introduction and definition
2. Functions of judicial review: a multi-streamed jurisdiction’
3. Common law perspective - ultra vires and the challenge of common law constitutionalism
4. Convention rights - Strasbourg and the domestic courts
5. The EU connection

Part II: Grounds of Review – Variable Intensity

1. Procedural review – adjudicative-style constraint
2. Procedural review – reason-giving and consultation
3. Structural procedural review
4. Process review: the common law ‘umbrella’
5. Substantive review (I) – ‘Wednesbury unreasonableness’ 
6. Substantive review (II) –Proportionality-testing
7. Justiciability and deference
8. Legality: a case study
9. Discretion, policy and legitimate expectation
10. Equality focus

Part III: Judicial Review – Structures, Processes and Effects

1. Modelling judicial review: standing, intervention and disclosure
2. Remedies, incidence and impact 
3. Striking back
4. Public interest litigation: case examples
5. Revision: judicial review transformed?

Recommended materials

You will need to buy:

• M. Elliott and J. Varuhas, Administrative Law, 5th edn, OUP, 2017

You will also have electronic access to relevant chapters from: 

• C. Harlow and R. Rawlings, Law and Administration, 4th edn, Cambridge University Press, forthcoming

Module reading lists and other module materials will be provided via online module pages, once students have made their module selections upon enrolment.

Preliminary reading

For an introduction to the historical development, see:

• C. Harlow and R. Rawlings, Law and Administration, 3rd edn, Cambridge University Press, 2009, Chapter 3 (‘transforming judicial review’).

Key information