Environmental Law and Citizen Action by Alan Murdie

Author:Alan Murdie [Murdie, Alan]
Language: eng
Format: epub
Tags: Political Science, General, Political Ideologies
ISBN: 9781134059669
Google: 5b4AAgAAQBAJ
Goodreads: 18973036
Publisher: Routledge
Published: 2009-10-01T00:00:00+00:00

Civil rights – judicial review

A second area where civil rights may have an important effect is providing individuals or organisations with locus standi for judicial review proceedings. As explained elsewhere in this book, the High Court is usually loathe to allow a person lacking a perceived legal interest in an administrative law matter to apply to the High Court. Rights and concepts of civil law such as rights overland and property may provide a ground for obtaining leave for judicial review. However, only what are perceived to be legitimate and bona fide rights will be upheld, as shown by the failure of various opponents to road and motorway schemes. One tactic of recent years has been to divide up packages of land scheduled for compulsory purchase and sell them off in miniature plots to objectors in an attempt to obstruct the land selling process. In such cases, the courts are to look with suspicion on the rights asserted by the parties and the motive behind them and refuse leave. Just such cases were involved in the fate of the site of the Battle of Naseby.7

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