Unsatisfied with a judicial Decision or the decision of an Executive Officer?
At common law, the availability and scope of judicial review is a consequence of the judicial remedy sought. These remedies are the prerogative writs of habeas corpus, quo warranto, mandamus, certiorari, and prohibition, as well as the equitable remedies of injunction and declaration. The standing rules relating to the availability of common law remedies and time limits which apply in relation to each of these differ. While some of these requirements have relaxed over time, access to judicial review at common law remains technical and complex. The Kerr Committee recognised that the rules that apply to judicial review at common law were ‘both unwieldy and unnecessary’. It noted that ‘a case can be lost or won on the basis of choice of remedy’.
16 pages