14. The Effectiveness and Impact of Judicial Review

Public Law ◽  
2017 ◽  
Author(s):  
Mark Elliott ◽  
Robert Thomas
Keyword(s):  
Judicial Review ◽  
Legal Aid ◽  
Legal Advice ◽  
Administrative Action ◽  
Review Procedure ◽  
Legal Costs ◽  
The Impact

This chapter examines the effectiveness and impact of judicial review in terms of the accessibility of judicial review, the competence and capacity of the courts to review administrative action, and the impact of judicial review on government. Access to judicial review is constrained in various ways. Legal costs, restrictions on legal aid, uneven access to legal advice and services, the variable operation by the court of the permission to proceed requirement, and delays within the court can limit the accessibility and effectiveness of the judicial review procedure.

15. The Effectiveness and Impact of Judicial Review

Public Law ◽  
2020 ◽  
pp. 602-639
Author(s):  
Mark Elliott ◽  
Robert Thomas
Keyword(s):  
Judicial Review ◽  
Legal Aid ◽  
Legal Advice ◽  
Administrative Action ◽  
Review Procedure ◽  
Legal Costs ◽  
The Impact

This chapter examines the effectiveness and impact of judicial review in terms of the accessibility of judicial review, the competence and capacity of the courts to review administrative action, and the impact of judicial review on government. Access to judicial review is constrained in various ways. Legal costs, restrictions on legal aid, uneven access to legal advice and services, the variable operation by the court of the permission to proceed requirement, and delays within the court can all limit the accessibility and effectiveness of the judicial review procedure.

13. The Judicial Review Procedure

2016 ◽  
Author(s):  
Mark Elliott ◽  
Jason Varuhas
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Public Law ◽  
Private Law ◽  
Review Procedure ◽  
The Impact

This chapter examines the judicial review procedure, with particular emphasis on two issues: first, what judicial review procedure which claimants seeking a prerogative remedy are required to use; second, the extent to which a claimant seeking to raise a public law matter may avoid having to use the judicial review procedure by issuing a claim for an injunction or declaration. After providing a background on the origins of today's judicial review procedure, the chapter discusses the nature of the judicial review procedure and the impact of human rights claims on judicial review procedure. It also considers when the judicial review procedure must be used, focusing on procedural exclusivity, waiver of exclusivity, defensive use of public law arguments, and the connection between private law rights and public law.

Grasping at Straws: Judicial Review of Legislation in Sri Lanka

ICL Journal ◽  
2020 ◽  
Vol 13 (3) ◽  
pp. 281-306
Author(s):  
Danushka S Medawatte
Keyword(s):  
Sri Lanka ◽  
Transitional Justice ◽  
Judicial Review ◽  
Descriptive Analysis ◽  
Executive Power ◽  
Sri Lankan ◽  
Legal Literature ◽  
Justice Process ◽  
Provincial Councils ◽  
The Impact

AbstractIn this paper, I attempt to examine the evolution of judicial review of legislation in Sri Lanka with a view to better understanding how it has impacted the democratic fabric and constitutional matrix of Sri Lanka. The impact that judicial review of legislation has had on rights jurisprudence, enhancement of democracy, prevention of persecution against selected groups are analysed in this paper in relation to the Ceylon Constitutional Order in Council of 1946 (‘Soulbury’ Constitution) and the two autochthonous constitutions of Sri Lanka of 1972 and 1978. The first part of the paper comprises of a descriptive analysis of judicial review of legislation under the three Constitutions. This is expected to perform a gap filling function in respect of the lacuna that exists in Sri Lankan legal literature in relation to the assessment of the trends pertaining to judicial review of legislation in Sri Lanka. In the second part of the paper, I have analysed decided cases of Sri Lanka to explore how the judiciary has responded to legislative and executive power, and has given up or maintained judicial independence. In this respect, I have also attempted to explore whether the judiciary has unduly engaged in restraint thereby impeding its own independence. The third part of the paper evaluates the differences in technique and stance the judiciary has adopted when reviewing draft enactments of the national legislature and when reviewing draft or enacted statutes of Provincial Councils. From a comparative constitutional perspective, this assessment is expected to provide the background that is essential in understanding the island nation’s current constitutional discourse, transitional justice process, and its approach to human rights.

scholarly journals Mental health and death in custody: the Angiolini Review

Race & Class ◽  
2021 ◽  
Vol 62 (3) ◽  
pp. 7-17
Author(s):  
Eddie Bruce-Jones
Keyword(s):  
Mental Health ◽  
Legal Aid ◽  
Health Implications ◽  
Vulnerable Communities ◽  
The Uk ◽  
The Impact

The author discusses the findings and recommendations of the first official review of practices and processes relating to and following police-related deaths in the UK. Dame Elish Angiolini’s 2017 report paid particular notice to mental health implications and the impact on families who had lost loved ones. Excerpts are provided here of remarks by Deborah Coles (of INQUEST) and Marcia Rigg (of the United Families and Friends Campaign) at the report’s launch – focusing on the call for automatic legal aid for families at inquests and the end to police conferring after an incident. Though not an abolitionist text, the author points to certain recommendations which could lead to less and less dangerous policing of vulnerable communities.

scholarly journals Judicial Review of Federal Administrative Action: Quest for the Optimum Forum

1975 ◽  
Vol 75 (1) ◽  
pp. 1 ◽  
Author(s):  
David P. Currie ◽  
Frank I. Goodman
Keyword(s):  
Judicial Review ◽  
Administrative Action

scholarly journals Differentiation of the concept of legal aid

1970 ◽  
pp. 98-102
Author(s):  
Oksana Krushnitska
Keyword(s):  
Legal Assistance ◽  
Legal Aid ◽  
Legal Decisions ◽  
Legal Advice ◽  
Legal Documents ◽  
Basic Law ◽  
Evidence Analysis ◽  
The Subject ◽  
The One ◽  
The Relationship

This article discusses the relationship between legal, legal aid and legal assistance. The lack of a clear distinction between the term "legal assistence" and the terms "legal aid" and "legal" has led, in our observations, to the conclusions of individual authors and entire institutions that Ukraine's law enshrines in fact a triple system legal aid. Studies have shown that the legislator distinguishes between "legal aid" and "legal" (or legal) assistance, depending on the subject of assistance. Positive trends in the replacement of legal aid terminology with professional legal aid have been identified and shown. At he article notes that the development and establishment of independent professional legal assistance continues in the future. A large number of reforms and changes, especially at the constitutional level, on the one hand, contribute to improving and improving the development of the institution of professional legal assistance, and on the other hand, there are many contradictions and inconsistencies in this regard, because the introduction of new terms is always a supporter for its introduction and against it. Legal aid is the most successful term and should be interpreted as a multidimensional legal practice aimed at ensuring the rule of law and the realization of the rights of each person who enters into a specific legal relationship, the content of which is the implementation of legally defined means, including legal advice and clarification of the rights and procedures for their implementation, assistance in the preparation and filing of applications, petitions, complaints and other legal documents, initiation and participation in procedural actions and proper recording of their course and results, assessment of the adherence, validity and admissibility of evidence, analysis of the legality of legal decisions, taking measures to remedy infringed cases. to, damages caused offense. It also includes some of the problems that need to be addressed by further consolidating professional legal assistance in other regulations to ensure their compliance with the Basic Law of Ukraine.

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