INTRODUCTION
[3.01] This chapter examines the procedure that governs applications for judicial review in Northern Ireland. The procedure, which covers the two stages of leave and the substantive hearing of an application, remains that contained in sections 18-25 of the Judicature (Northern Ireland) Act 1978 and Order 53 of the Rules of the Court of Judicature (Northern Ireland) 1980[324] (hereafter RCJ).
Although the corresponding proÂcedure in England and Wales was modified by, most notably, Part 54 of the Civil Procedure Rules of 1998,[325] the Northern Ireland procedure has been the subject of only relatively minor amendment since it was first introduced.[326] Northern Ireland case law thus continues to use the original terms of â€?leave’ and â€?application’ (among others) that have been replaced in England and Wales by, respectively, the terms â€?permission’ and â€?claim’.[327] The Northern Ireland procedure still also refers to the prerogative orders of â€?certiorari’, â€?mandamus’, and â€?prohibition’, which are now known as â€?quashing orders’, â€?mandatory orders’, and â€?prohibiting orders’ in England and Wales.[328][3.02] The fact that the formal rules and provisions governing the judicial review procedure have remained largely unchanged should not, however, be taken to mean that procedural issues have been more generally static. The rules and provisions are, of course, open to judicial interpretation, and the procedure can—and has—evolved on that basis (there are also a number of related Practice Notes and Directions[329]). The procedure is, moreover, subject to the demands of EU law and the ECHR, as read with the European Communities Act 1972 and the Human Rights Act 1998; and it is clear that other â€?constitutional statutes’ such as the Freedom of Information Act 2000 are of increasing relevance too.[330] While the procedure may therefore be largely settled, aspects of it may still be reconsidered and reinterpreted on a case-by-case basis.
[3.03] The chapter begins by outlining a number of prior considerations that are relevant to deciding whether to make an application for judicial review. It thereafter divides into sections that consider key issues regarding: the leave stage; interim issues of remedies, discovery, and cross-examination; the substantive hearing; and the availability of final remedies (each section also integrates consideration of the role of EU law and the ECHR, and so on). The conclusion provides a summary of the central points made.