Judicial Review notes PDF

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Judicial Review It is a procedure by which a court can review an administrative action by a public body in a view to secure a declaration, order, or award. Note; judicial reviews are a challenge to the way in which a decision has been made. It is to quash an order made by an unfair process, prohibition an administrative action from taking place where, if allowed to proceed, the tribunal/ government body would be exceeding its jurisdiction and mandamus. Why do we need Judicial Review? Actions of the executive and legislative branches of government are subject to review and possible invalidation by the Judicial Review. It allows the courts to take an active role in ensuring that the other branches of government abide by the constitution. Thus, actions judged inconsistent are declared unconstitutional and, therefore, null and void. The institution of judicial review in this sense depends upon the existence of a written constitution. The above statement is more in line with the Judicial review in the US. However, in additional to the instant above, in Britain and Jamaica, judicial review is of administrative action, to see whether an inferior tribunal has exceeded its jurisdiction. These are two completely different legal creatures, and ne'er the twain shall meet. Judicial review is concerned with whether the law has been correctly applied, and the right procedures have been followed. In order to succeed the claimant will need to show that either: 1. A public body is under a legal duty to act or make a decision in a certain way and is unlawfully refusing or failing to do so; or 2. A decision or action has been taken by a public body that is beyond the powers it is given by law. Benefits of Judicial Review: Judicial review is about the supervision of administrative decision making. It can be a fast, effective and powerful way to convince a public body to reconsider a decision or force them to take action they should be taking. The court’s decision must be followed, and one judicial review case can make a difference to many other people. Summary Judicial review is a form of court proceeding, usually in the Administrative Court, in which the judge reviews the lawfulness of a decision or action, or a failure to act, by a public body exercising a public function. It is only available where there is no other effective means of challenge. US case: Marbury v Madison British case: Dr Bonham's Case, 8 Co. Rep. 107a...