Public Law and Judicial Review

Public Law and Judicial Review

Public law applies to decisions taken by public bodies including government departments, local authorities and most regulatory bodies and also to quasi public bodies exercising public functions.

Public law applies to decisions taken by public bodies including government departments, local authorities and most regulatory bodies and also to quasi public bodies exercising public functions.

What is Public Law?

Public law is that part of law which governs relationships between individuals and the government, and those relationships between individuals which are of direct concern to society. Public law comprises constitutional law, administrative law, tax law and criminal law, as well as all procedural law.

What does Public Laws do?

It can be distinguished from the private law which governs relationships between individuals and private companies.

This area of law, therefore, affects most of us in our everyday lives, from council issued parking tickets, to housing and benefits.

This law governs public bodies which usually derive their authority to make decisions from Parliament in the form of legislation.

If a decision or an action is unauthorised by legislation, a public body will be in breach of legislation and public law principles.

What is judicial review?

Judicial review is the main tool that enables the Court to hold public bodies to account and determine if decision-makers have acted fairly, in good faith, rationally and only using the powers that they have for their proper purposes. These are the ‘public law’ principles which every public decision-maker – from ministers to front-line officers – must respect.

How we can help?

If you believe a public body has acted unlawfully, we can guide you through the decision-makers own appeal mechanism and apply for judicial review of the decision, if necessary.

Our litigation team will try to resolve your matter as quickly and efficiently as possible. For more details contact us on 01206500181.