Judicial review and human rights
27.11Insofar as judicial review is used to ensure that human rights have not been violated:
•on the one hand, when it comes to the allocation of social welfare resources, public authorities are accorded a wide margin of judgment, so it is very difficult to use the ECHR to secure better or different services;
1McDonald v United Kingdom Application no 4241/12, (2014) 17 CCLR 187. •on the other hand, where resource allocation is not the real issue, the court may scrupulously review the facts so as to satisfy itself that human rights have not been violated, providing a highly effective safeguard: see chapter 25.
2The Commissioner of Police for the Metropolis v ZH [2013] EWCA Civ 69, (2013) 16 CCLR 109.