Question 1

Which of the following remedies are available in proceedings for judicial review?

Accepted Answer

A)  Prohibiting orders 
B)  Mandatory orders 
C)  Rescission 
D)  Injunction 
A)  Prohibiting orders 
B)  Mandatory orders 
C)  Rescission 
D)  Injunction A

Question 2

Pressure groups acting in the public interest cannot gain standing for judicial review actions.

Accepted Answer

A) True 
 B)False  False

Question 3

Compare and contrast the 'red light' theory and the 'green light' theory.

Accepted Answer

The 'red light' theory and the 'green light' theory are two contrasting approaches to decision-making and risk-taking.

The 'red light' theory suggests that individuals should proceed with caution and be risk-averse when making decisions. This approach emphasizes the importance of thoroughly evaluating potential risks and consequences before taking action. It encourages individuals to prioritize safety and security, and to avoid unnecessary or excessive risk-taking. Proponents of the 'red light' theory argue that this approach can help prevent costly mistakes and minimize negative outcomes.

On the other hand, the 'green light' theory advocates for a more proactive and risk-tolerant approach to decision-making. This theory encourages individuals to embrace uncertainty and take calculated risks in pursuit of opportunities and growth. It emphasizes the potential rewards of taking risks and the importance of being open to new experiences and challenges. Proponents of the 'green light' theory argue that this approach can lead to innovation, personal development, and the achievement of ambitious goals.

In summary, the 'red light' theory prioritizes caution and risk-aversion, while the 'green light' theory promotes proactive risk-taking and embracing uncertainty. Both approaches have their merits and may be more suitable in different contexts or for different individuals. Ultimately, the choice between these two theories depends on the specific circumstances and the individual's risk tolerance and decision-making style.

Question 4

Outline the exclusivity principle and evaluate any exceptions to it as a rule.

Accepted Answer

The exclusivity principle, also known as

Question 5

Even if a claimant is successful in proving his or her case in judicial review, a remedy may not be granted.

Accepted Answer

A) True 
 B)False

Question 6

Explain the difference between a judicial review and an appeal.

Accepted Answer

Judicial review and an appeal are both l

Question 7

In relation to standing and judicial review, how many stages does the 'sufficient interest' test have?

Accepted Answer

A)  2 
B)  3 
C)  4 
D)  5 
A)  2 
B)  3 
C)  4 
D)  5

Question 8

'Ouster clauses' which deny a right to judicial review can never be effective.

Accepted Answer

A) True 
 B)False

Question 9

Judicial review is a form of appeal against the decision of a public body.

Accepted Answer

A) True 
 B)False

Question 10

Giving examples, outline the nature of judicial review and how it upholds the doctrine of the rule of law.

Accepted Answer

Judicial review is the power of the cour

Question 11

Describe the impact that the Human Rights Act 1998 had on the courts' powers of judicial review.

Accepted Answer

The Human Rights Act 1998 had a signific

Question 12

Explain how pressure groups can gain standing to bring actions in the public interest.

Accepted Answer

Pressure groups can gain standing to bri

Question 13

Evaluate the broad and narrow approaches to standing.

Accepted Answer

The broad approach to standing refers to

Question 14

An application for judicial review on human rights grounds will always fail if it is not brought within a year of the relevant conduct.

Accepted Answer

A) True 
 B)False

Question 15

In relation to the Freedom of Information Act 2000, which of the following statements are TRUE?

Accepted Answer

A)  The Information Commissioner's reports are published 
B)  The Information Commissioner has jurisdiction to investigate allegations made under the Act 
C)  Under the Act, all public information has to be available to the public 
D)  The Commissioner can investigate where a public body does not give reasons for its decision 
A)  The Information Commissioner's reports are published 
B)  The Information Commissioner has jurisdiction to investigate allegations made under the Act 
C)  Under the Act, all public information has to be available to the public 
D)  The Commissioner can investigate where a public body does not give reasons for its decision

Question 16

There is an automatic right to a remedy in judicial review proceedings.

Accepted Answer

A) True 
 B)False

Question 17

Which of the following statements are TRUE?

Accepted Answer

A)  Judicial review can only be brought against a public authority 
B)  If there is an alternative remedy the applicant can choose whether to pursue it or to bring an action in judicial review 
C)  There is no unfettered right to judicial review 
D)  A successful action in judicial review will lead to courts making a decision on the matter 
A)  Judicial review can only be brought against a public authority 
B)  If there is an alternative remedy the applicant can choose whether to pursue it or to bring an action in judicial review 
C)  There is no unfettered right to judicial review 
D)  A successful action in judicial review will lead to courts making a decision on the matter

Question 18

Which section of the Human Rights Act 1998 lays down a specific duty on public authorities?

Accepted Answer

A)  4 
B)  5 
C)  6 
D)  7 
A)  4 
B)  5 
C)  6 
D)  7

Exam 21: Judicial Review: Introduction, Jurisdiction and Procedure

Which of the following remedies are available in proceedings for judicial review?

Pressure groups acting in the public interest cannot gain standing for judicial review actions.

Compare and contrast the 'red light' theory and the 'green light' theory.

Outline the exclusivity principle and evaluate any exceptions to it as a rule.

Even if a claimant is successful in proving his or her case in judicial review, a remedy may not be granted.

Explain the difference between a judicial review and an appeal.

In relation to standing and judicial review, how many stages does the 'sufficient interest' test have?

'Ouster clauses' which deny a right to judicial review can never be effective.

Judicial review is a form of appeal against the decision of a public body.

Giving examples, outline the nature of judicial review and how it upholds the doctrine of the rule of law.

Describe the impact that the Human Rights Act 1998 had on the courts' powers of judicial review.

Explain how pressure groups can gain standing to bring actions in the public interest.

Evaluate the broad and narrow approaches to standing.

An application for judicial review on human rights grounds will always fail if it is not brought within a year of the relevant conduct.

In relation to the Freedom of Information Act 2000, which of the following statements are TRUE?

There is an automatic right to a remedy in judicial review proceedings.

Which of the following statements are TRUE?

Which section of the Human Rights Act 1998 lays down a specific duty on public authorities?

Introducing Constitutional Law

Sources of the Constitution

The Rule of Law

The Royal Prerogative

Parliamentary Sovereignty

Structures and Institutions of the European Union

European Union Law and National Law

Central Government

Ministerial Responsibility

Devolution and Local Government

The Electoral System

Introduction to the House of Commons

The Legislative Process

Scrutiny of the Executive

The House of Lords

Parliamentary Privilege

The Protection of Human Rights

Freedom of Expression and Privacy

Freedom of Association and Assembly

Judges and the English Legal System

Grounds for Judicial Review I: the Substantive Grounds for Judicial Review

Grounds for Judicial Review II: Procedural Impropriety

Tribunals and Inquiries

Filters