Restrictions on Remedies
Whereas the discussion of remedial discretion in Chapter 5 was of individualised reasons for refusing to grant a remedy, in this chapter the issues discussed are general principles restricting the granting of judicial review remedies. These are systemic in nature and not specific to the circumstances presented by individual applicants and the decisions they wish to challenge. Some overlap is, of course, to be expected, but the procedural requirements of promptness and permission; the principle that an applicant must exhaust alternative remedies before seeking judicial review; the bar on collateral attack; privative clauses; the principles relating to ripeness and prematurity and the obligation to demonstrate standing to seek judicial review are all general, in that they apply to each and every application for judicial review regardless of the particular factual and legal matrix. This chapter argues that the law in relation to this wide range of restrictions on remedies can be understood in terms of administrative law values.