Law and Public Management—The Human Rights Challenge: Trends in Judicial Review and the Human Rights Act

Abstract

It was widely predicted that the Human Rights Act 1998 would have a significant effect on the incidence of litigation against public bodies. This article considers the early impact of the Act on the use of judicial review to challenge public decision-making. It compares the use of judicial review prior to the coming into effect of the Act, focusing on the subject areas litigated and the types of respondent challenged, with the trends during the first five months of Act's operation. Contrary to predictions, an increase in the use of judicial review has not materialized. Nor, as yet, has there been a significant change in the nature of judicial review litigation.