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Judicial review in the United States - Wikipedia

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Short Essay on Judicial Review in India (818 Words)

America is the classic home of judicial review

Judicial Nominations Roundup | National Review

SOAS Public Law Coursework II 2010-11

You are required to give an opinion as to whether both the situations set out below would be amenable for a judicial review but you are not required to discuss the grounds of review.

(i) Val was a single mother with two children who was granted a tenancy in a two bed roomed maisonette owned by Singleton Council pursuant to the council’s duty to rehouse under the Homeless and Housing Act (fictional). After eighteen months the property was transferred to Hometrust, an independent housing association, set up by the council. Shortly afterwards, Val had a dispute with one of her neighbours which resulted in a heated exchange of words and a slamming of doors. This was reported and she was subject to a disciplinary procedure organised by Hometrust. Without being given the benefit of legal representation or a hearing she was found guilty and informed by Hometrust that her tenancy agreement would be terminated in six months time. This would mean that Val would be made homeless.

Advise Val whether she would be able use the judicial review procedure to argue that her rights under Article 6 and Article 8 of the ECHR have been breached.


(ii) Under the Ancient Monuments Act (fictitious) the Secretary of State has the power to list for preservation purposes important remains of archaeological or of historical interest. While digging the foundations of a new building for Globe Developments in the centre of Barchester, Ron discovers several well preserved pieces of Roman glass. The find is reported in the local and national TV, radio and press. Despite the growing interest in the find the Secretary of State has decided without giving any reasons not to list the site and Globe Developments will soon lay concrete foundations which would mean that the site would not be further excavated by archaeologists and preserved. Bill and Sachin are keen amateur archaeologists who live two hundred miles away in London. To further the wider preservation of antiquity they have set up the Roman Antiquities Foundation as a charity to promote the excavation and study of Roman remains.

Advise both the Roman Antiquities Foundation and Bill and Sachin as individuals whether they would be in a position to challenge the decision of the Secretary of State
under the judicial review procedure.


Note that this is not a question on the substantive grounds of review.

Both parts of the answer should not exceed 1200 words. Relevant case law must be referred to. The work should be referenced with footnotes and word processed in font size 12. The hand in deadline is Wednesday 2 March 2011.

Although there are certainly many theories about it, judicial review is fundamentally a practice. As such, it has a history. Over the course of that history, discussions of its legitimacy and nature are rarely undertaken in abstraction from the concrete exercise of the power in particular cases and political and constitutional controversies. To complicate matters further, the constitutional provisions applied by courts in exercising their constitutional review powers are often broad and seemingly indeterminate. Over time, courts, in the process of interpreting the Constitution, formulate constitutional “doctrine” to lend these provisions some stable and accessible meaning. In orienting oneself, reference books, casebooks, and review essays are helpful.

ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT …

This essay will look to examine the extent to which, there is an appropriate system to check and balance power in the UK to prevent excessive concentration of power and to which...

The Purpose of Judicial Review essays

SOAS Public Law 2013, Year 2, Grade: 72%

You are required to give an opinion as to whether the situations set out below would be amenable for a judicial review but you are not required to discuss the grounds of judicial review.

(i) Jessica was detained by the UK Border Agency (UKBA) under the immigration rules pending further investigation of her case, with the prospect of deportation unless she establishes her right to remain in the UK. After two days UKBA arrange for her transfer from UKBA’s detention facility to Riverside Grange which is a secure unit owned and operated by a private company called Group Seven. The company run the facility under a contract drawn up with UKBA but Riverside Grange is only used for individuals referred to it by UKBA. Jessica is involved in a protest against her continued detention during which considerable damage to property was caused. As a result she faces a disciplinary procedure to be conducted by the managing director of Riverside Grange. This procedure could also lead to her immediate deportation but she has been refused a full oral hearing and denied access to legal representation.

(ii) Under the Ancient Monuments Act (fictitious) the Secretary of State has the power to list for preservation purposes important remains of archaeological or of historical interest. While digging the foundations of a new building for Globe Developments in the centre of Richester, one of the workers discovers several well preserved pieces of Anglo-Saxon jewellery and many pieces of masonry from what is identified as an ancient abbey. The discovery is reported in the local and national TV, radio and press. Despite the growing interest in the finds the Secretary of State has decided without giving any reasons not to list the site and Globe Developments will soon lay concrete foundations which would mean that the site would not be further excavated by archaeologists. Claudine and Sarah are keen amateur archaeologists who live two hundred miles away near Salisbury. In 1996 they set up the Anglo-Saxon Society as a registered charity promoting the archaeological study of the Anglo-Saxon period. The Society has 150 members, most of whom live in South East England, including several professors and two bishops with an interest in this period in history.

Advise as to whether (a) Jessica and (b) the Anglo-Saxon Society would be in a position to seek a judicial review?

Note that this is not a question on the substantive grounds of review.
Your answer should not exceed 1200 words. It must draw upon relevant case law and should be referenced with footnotes. The work must be submitted electronically by 4 March 2013.

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The Purpose of Judicial Review essaysWhat is Judicial Review


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Free Judicial Review Essay Sample

(i) Jessica is likely to be in a position to seek judicial review with an action against Group Seven, provided that the action is taken within the three-month time limit and that...

A Research Paper on Legal Principle of Judicial Review

The British Constitution
‘Since 1997, with the various constitutional reforms undertaken by the previous labour administration, the question of whether the UK needs to adopt itself a codified constitution is no longer a live issue.’ Discuss.

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