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Judicial Review

Judicial review is the means by which the courts supervise public bodies. It is not an appeal against a decision itself but a challenge to the way in which the decision was made.

The basic principle of judicial review is that public authorities must act according to law. This may be broken down into a number of grounds of review. Collectively, these grounds are known as the ultra vires principle (from the Latin 'beyond the powers'). Individually they are the principle of legality, the duty to act fairly/observe natural justice, and the proper exercise of discretion.

What is judicial review

This section discusses the limited number of reasons that can form the basis of an application for judicial review. 

Preconditions for judicial review

Before bringing any action by judicial review, specific conditions must be met. 

Referrals to solicitors

This section explains the procedures for solicitors acting for clients in judicial review cases. 

Remedies through judicial review

The Rules of the Court of Session deal explicitly with the remedies available under judicial review procedure. 

Grounds for judicial review

It should be noted that it is not necessary to exhaust all informal rights of appeal provided by local authorities. Since these are not statutory remedies, they are not obligatory. 

This content applies to Scotland

Last updated: 8 June 2018