16. Judicial review: grounds and remedies

Abstract

This chapter assesses judicial review and the rule of law, the three traditional grounds of judicial review, proportionality, the modern approach to judicial review, and remedies. Judicial review is the rule of law in action. Through judicial review, the courts place constraints on executive power by upholding and projecting rule of law principles on to executive actions. Indeed, it ensures that administrative decisions are taken rationally, in accordance with a fair procedure, and within the powers conferred by Parliament. As such, the traditional judicial review grounds of illegality, irrationality, and procedural impropriety are applied flexibly to protect individuals against the unreasonable, arbitrary, procedurally unfair, or unlawful use of power. Judicial review has unique remedies known as prerogative orders which comprise mandatory orders, prohibiting orders, and quashing orders.