An Introduction to Administrative Law

By Peter Cane | Go to book overview

3
Applicants

JUDICIAL review is available not only to citizens (individuals, corporations, trusts and so on) with grievances against government but also to government bodies with a grievance against another government body. To be entitled to seek a remedy by way of judicial review an applicant must have sufficient standing (or locus standi).1 The existence of the requirement of standing indicates that the law's primary concern is not, as such, to control government activity but rather to control it at the suit of persons affected by it in particular ways. The rules about standing need to be considered in relation to three types of judicial review actions: I shall call these private actions, public actions and hybrid actions.


PRIVATE JUDICIAL REVIEW ACTIONS

We will discuss the distinction between public judicial review actions and private judicial review actions in detail later.2 Here an example will suffice: a challenge on public law grounds to a decision of a nongovernmental body, such as a trade union, the jurisdiction of which depended solely on contract,3 would be a private action. The only remedies which can be sought in private actions are private law remedies, that is (in the present context) declarations, injunctions, and damages. As a general rule, damages, as we will see, can only be sought in respect of wrongs recognized in private law; declarations and injunctions can also be sought in respect of public law wrongs, that is wrongs as defined by the rules establishing the grounds of judicial review such as breach of natural justice.4.

The requirement of standing only applies to actions in respect of public law wrongs. There are certain rules of private law which resemble

____________________
1
Sir Konrad Schiemann [ 1990] PL342.
2
See p. 95 below.
3
I am assuming here that decisions of contractual bodies are amenable to judicial review, as to which see p. 20 above.
4
See Section B below.

-42-

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An Introduction to Administrative Law
Table of contents

Table of contents

  • Clarendon Law Series ii
  • Title Page iii
  • Preface v
  • Contents vii
  • Contents xxxv
  • Part I - Rules and Principles of Judicial Review 1
  • 1 - The Nature of Judicial Review 3
  • 2 - The Scope of Judicial Review Public Law and Private Law 12
  • 3 - Applicants 42
  • 4 - Remedies Uses and Availability 62
  • 5 - Procedures 89
  • 6 - Authority 109
  • 7 - The Decision-Making Process (i) 133
  • 8 - The Decision-Making Process (ii) 160
  • 9 - The Output 208
  • 10 - Estoppel 218
  • Part II - Rules and Principles of Liability II 231
  • II- Introduction 233
  • 12 - Liability in Tort 241
  • 13 - Government Contracts 257
  • 14 - Restitution 276
  • Part III- Information 279
  • 15 - Information and Litigation 281
  • 16 - Government Secrecy and Freedom of Information 292
  • Part IV - Non-Judicial Control 301
  • 17 - Parliament the Constitutional Functions of Parliament 303
  • 18 - Investigating Complaints 314
  • 19 - Tribunals 331
  • Part V - Wider Perspectives on Judicial Control 345
  • 20 - Constitutional and Political Background 347
  • 21 - Judicial Review and the Administrative Process 378
  • Index 393
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