Judicial review; access to justice; environmental justice; human rights; HRA; ECHR; immgration and asylum.
The project was designed to evaluate the impact of the Human Rights Act 1998 on the processing, decision-making and jurisprudence of judicial review, and in particular to assess the extent to which HRA grounds provide new opportunities for successful challenge to public authorities. This research was undertaken over two years after the implementation of the HRA on 2nd October 2000, and so it was anticipated that practitioners and the judiciary would have had sufficient time to become familiar with its use. The reforms in the administrative court arising from the Bowman review, which were largely based on the premise that the Human Rights Act would lead to a substantial increase in the volume of judicial review applications, were implemented at the same time as the Human Rights Act. They were designed to encourage the parties to proceedings to resolve disputes prior to permission rather than after permission had been granted. This project was designed to investigate whether this aim had been achieved.
(June 2003, Public Law Project)
Public Law Project: the impact of human rights on judicial review.