Would the position in Q3 be different if Jane was not willing to pursue judicial review based on her having a well-founded fear of persecution by the UK state? Could Jane’s friend, or any person or body other than Jane, now successfully bring a claim? Explain

Constitutional and administrative law

Set out in detail, using case law examples, the right and its scope that applies to cruel, inhuman and degrading treatment under the European Convention on Human Rights (ECHR).

Set out the process and conditions for bringing a judicial review claim, looking at both standing and merits.

Can Jane’s friend successfully bring a claim to highlight Jane’s situation and seek remedy? Explain your answer.

Would the position in Q3 be different if Jane was not willing to pursue judicial review based on her having a well-founded fear of persecution by the UK state? Could Jane’s friend, or any person or body other than Jane, now successfully bring a claim? Explain your answer.