An Introduction to Administrative Law

By Peter Cane | Go to book overview

5
Procedures

THE APPLICATION FOR JUDICIAL REVIEW

ONE of the results of the emphasis on remedies in administrative law1 is that the procedure for applying for these remedies is central to an understanding of the position of the public law litigant. The procedure for applying for the prerogative remedies of certiorari, prohibition and mandamus is contained in Order 53 of the Rules of the Supreme Court (RSC), some provisions of which have been re-enacted in statutory form in section 31 of the Supreme Court Act 1981. Order 53 (which was introduced in its present form in 1978) lays down the procedure for what are called Applications for Judicial Review (AJRs).2 The AJR is not itself a remedy but rather a procedural umbrella under which any of the prerogative orders can be sought. In certain cases declarations and injunctions can also be sought under Order 53; and a claim for damages can be joined to an AJR if it arises out of a matter to which the AJR relates and provided the court is satisfied that the applicant has a case in private law for the award of damages.

Here it is important to recall the distinction drawn earlier between judicial review and the AJR under Order 53. Judicial review actions are actions in which the alleged wrong is a public law wrong. Public law wrongs are defined by the rules establishing the substantive grounds of judicial review discussed in Section B below. An AJR is one way, but not the only way, of bringing a judicial review action. As we noted above, judicial review actions may be either private actions or public actions or hybrid actions.3 Public judicial review actions are those which must be brought under Order 53; hybrid judicial review actions are those which may but need not be brought under Order 53; and private judicial review actions may not be brought under Order 53.

The AJR procedure is the only procedure by which the prerogative

____________________
1
See p. 9 above.
2
For statistical information about the operation of Ord. 53 see L. Bridges, G. Meszaros and M. Sunkin, Judicial Review in Perspective, 2nd edn ( London, 1995).
3
See pp. 42-6 above.

-89-

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