8. Judicial Review
Constitutional purpose, illegality, procedural unfairness, irrationality and public-law remedies.
How to study the CPQ Foundation stage
Prepare each separately assessed component on its own terms, then connect law, regulation, client service and research across the full stage.
Core concepts
Concept 1
Judicial review supervises the lawfulness of public decision-making rather than rehearing merits.
Exam cue: Identify the public decision, power, procedure and alleged legal defect.
Concept 2
Illegality, procedural unfairness and irrationality provide distinct grounds.
Exam cue: Match facts to a recognised ground rather than arguing only that the outcome was poor.
Concept 3
Quashing, prohibiting and mandatory orders, declarations, injunctions and damages have different functions and conditions.
Exam cue: Choose a remedy that addresses the unlawful act.
Risk pitfalls and guardrails
Using judicial review as a general appeal.
Guardrail: Do not mix module boundaries, confuse marks with item counts, exceed professional authority or rely on an outdated or unverified legal source.
Assuming damages are the automatic remedy.
Guardrail: Do not mix module boundaries, confuse marks with item counts, exceed professional authority or rely on an outdated or unverified legal source.
Ignoring tribunal or alternative routes.
Guardrail: Do not mix module boundaries, confuse marks with item counts, exceed professional authority or rely on an outdated or unverified legal source.
Memory anchors
Three grounds
Illegality, procedural unfairness and irrationality.
Review not appeal
The court examines lawfulness, not whether it would make the same decision.
Remedy fit
Quash, prohibit, compel, declare or restrain according to the defect.
Checkpoint rule
Do the check-up only after you can summarize each concept in one sentence and identify one dangerous pitfall from memory.
Knowledge Check (after reading)
Short check-up to confirm understanding of this module.
Check-up Questions
A council refuses an application because it follows a rigid policy and never considers the applicant's exceptional facts. Which ground is strongest?
An agency decides a licence after secretly relying on damaging material the applicant could not answer. Which ground is most relevant?
Answer all questions to submit.
Next step personalized recommendations
Continue learning
Move forward only after this module is stable.
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