Sunday, 2 April 2023

UK Constitution- (Lecture 8):Notes on Judicial Review

 

Judicial Review:

The Judiciary enforce Will of the Parliament as contained in the statute, it is observed and upheld through the agency:

1- Writ of Prohibition: Executive is about to do something, refrain it from doing it.

2- If it is done Ultra vires- Writ of Certiorari

3- Writ of Mandamus: If law directs to do particular thing, do it.

4- Habeas Corpus: Whether liberty compromised? Whether kept illegally? To produce the body before the court.

5- Writ of Quo Warranto: Tell under what warrant that you occupy the place.

Remedies:

A- cautioning order,

B- prohibition order,

C- declaration- Law stated by the judge,

D- stay order: temporary or permanent,

E- declaration of incompatibility on grounds of Human rights,

F- Damages- only for civil case.