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Paper Topic:

judicial review

(2 )With reference to case laws , evaluate whether the permission stage of making a claim for judicial review provide public authority with sufficient safe guard against unmerited claim .Language Answer

Standing refers to the restriction to the right to challenge the decisions of public law bodies by way of judicial review based on one 's connection with the decision . Pre-1977 situation was that the perimeter of locus standi covered only the persons aggrieved ' - a requirement to be met only for those seeking public law remedies - not private law applicants . In

private law standing need not be determined separately but can be found directly

The width of the impact of any public body decision on the society leaves them and the courts subject to many applications with neither any merit , nor any interest . Lord Wilberforce in the landmark case - R v IRC ex parte National Federation of Self Employed and Small Businesses recognised the importance of standing as a safeguard against the courts being flooded and public bodies harassed by irresponsible applications

The result of the application of the locus standi can be perceived in R v . Legal Aid Board , ex parte Bateman where the nominal applicant - Mrs Bateman was refused standing and it was held that only her solicitor was the one who would be really affected by the remedy sought . Allowing Mrs . Bateman would leave the Legal Aid Board to be sued by just about anyone and everyone and would result in harassment it with no real interest

In representative cases involving pressure groups finding sufficient interest had a problem . In the infamous Rose Theatre Case a company formed solely to challenge minister 's decision was held not to have sufficient interest because , even the members of the company formed solely to challenge minister 's decision was held to have sufficient interest because , even the members of the company had no real interest in it . R v Inspectorate of Pollution and another , ex parte Greenpeace Ltd (No . 2 ) in refusing to follow Rose theatre trust has farther liberated the ambit of sufficient interest ' It was an organisation of national and international status was a serious and responsible body the issues in the case were serious , and lack of alternative challengers . R v . Secretary of State for Foreign Affairs ex parte World Development Movement Ltd also considered the importance of vindicating rule of law and likely absence of any other responsible challenger These cases show , that sufficient interest is found not from any nexus but because of lack of alternative modes to remedy the wrong being done - thus lack of direct interest should not be allowed to vitiate such an application

Thus despite the necessary safeguards that locus standi provides to courts and public bodies , the current trend seems to be expansion of its function that is provided . Standing however retains its status as a major question in pursuing judicial review , providing safeguards within its wider margin

After much judicial confusions with respect to the interpretation of...

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