Administrative Law Judicial Review - Essay Example

Yardley asserts that judicial review is “the ultimate safeguard for the ordinary citizen against unlawful action by …….the more powerful administration5”. In order to be amenable to judicial review, the relevant organisation must be a “public body6” and it is evident that the Council is a public body under the “source test7” under the first limb of eligibility. Moreover, the Council’s functions clearly fall within the second limb of eligibility is the “functions test”, which was established in the case of R v Panel of Takeovers and Mergers, ex parte Datafin8.

In this case it was asserted that the relevant consideration was whether the body performed a public function, or alternatively whether its conduct had public law consequences. If these considerations were answered in the affirmative, the body would be a public body9. To institute proceedings for judicial review, Greener World will have to make an application for leave of the court before applying for judicial review and then issue their claim under the Civil Procedure Rules, part 5410. Any claim for judicial review must then have permission of leave of the Administrative Court11.

Furthermore, in order to be eligible to make an application, Greener World must have locus standi, which in simple terms is the right to apply for judicial review. This requirement is essential as a filter for the judicial review process, limiting applicants to those who have a “sufficient interest”. Section 31(3) of the Supreme Court Act 1981 provides that permission for judicial review will not be granted “unless it considers the applicant has a sufficient interest in the manner to which the application relates12.

” The definition of “sufficient interest” has been interpreted widely13 and was considered in depth in the case of R v Inland Revenue Commissioners, ex parte National Federation of Self-Employed and Small Businesses Ltd14. In this case, the House of Lords asserted that other than