United Kingdom administrative law
From Wikipedia, the free encyclopedia
United Kingdom administrative law is part of UK constitutional law that is designed through judicial review to hold executive power and public bodies accountable under the law. A person can apply to the High Court to challenge a public body's decision if they have a "sufficient interest",[1] within three months of the grounds of the cause of action becoming known.[2] By contrast, claims against public bodies in tort or contract are usually limited by the Limitation Act 1980 to a period of 6 years.[3]
Almost any public body, or private bodies exercising public functions,[4] can be the target of judicial review, including a government department, a local council, any Minister, the Prime Minister, or any other body that is created by law. The only public body whose decisions cannot be reviewed is Parliament, when it passes an Act.
Otherwise, a claimant can argue that a public body's decision was unlawful in five main types of case:[5] (1) it exceeded the lawful power of the body, used its power for an improper purpose, or acted unreasonably,[6] (2) it violated a legitimate expectation,[7] (3) failed to exercise relevant and independent judgement,[8] (4) exhibited bias or a conflict of interest, or failed to give a fair hearing,[9] and (5) violated a human right.[10]
As a remedy, a claimant can ask for the public body's decisions to be declared void and quashed (or certiorari), or it could ask for an order to make the body do something (or mandamus), or prevent the body from acting unlawfully (or prohibition). A court may also declare the parties' rights and duties, give an injunction, or compensation could also be payable in tort or contract.[11]