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Public Law - Judicial review

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Public Law 2 Coursework 2004 Judicial review has often been described as 'the citizens weapon' as it provides the individual, through judicial intervention, the chance to question the decisions made by 'emanations of the state'. There are three main elements of judicial review that give rise to possible applications: * illegality (ultra vires); * irrationality (Wednesbury1 unreasonableness); and * procedural impropriety2 In order for Waterpebbles plc (W) and the SPLC (SP) to succeed in their claims to have Chalpter's (C) decisions reviewed, they must prove that the authority acted outside the limits of their power or have been unreasonable in their use of such power. If C has operated in excess of the powers conferred upon them, through statute, then they have acted illegally or ultra vires. This essentially means that 'the decision maker must understand correctly the law that regulates his decision making power and must give effect to it' 3. It...

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