Judicial Review - 1615 Words

The area of law in which this question is concerned is judicial review. Judicial review can be defined as ‘†¦ the means by which the Courts control the exercise of Governmental powers.’ The Courts will look at the way in which a decision was made, not the decision itself, to find out if any powers have been abused. Judicial review is an application to the Courts to assess an action or decision made by a public body on a point of public law. A particular decision may be found to be in breach of natural justice or have been made ultra vires, that is, beyond the scope of the powers. The case of O’Reilly v Mackman shows the general rule that when claiming against a public body, judicial review should be used. Lord Diplock described this as an†¦show more content†¦If a final decision has been based on an irrelevant consideration then it will be deemed ultra vires. In Roberts v Hopwood it was held that the Council had looked at irrelevant aspects and ignored relevant ones. However, the use of irrelevant considerations will not make a decision unlawful so long as it was a relevant consideration which largely influenced the final decision . Another aspect of illegality concerns a body delegating powers given to them to another person; this would also deem a decision ultra vires . However, it is possible for Ministers to delegate powers given to them to officials as it would be unreasonable to expect a Minister to complete all jobs given to them . The next ground is that of irrationality which was first introduced as ‘unreasonableness’ in Associated Provincial Picture Houses Ltd v Wednesbury Corporation . It was held that the decision of a public body will only be deemed unreasonable if they have reached the decision in a manner so unreasonable that no other authority could have reached it. In Hall and Co v Shoreham-by-Sea UDC an unreasonable condition was found. An aspect of this ground is proportionality, which concerns itself with cases involving human rights or EU issues. It is often described as ‘taking a sledgehammer to crack a nut’ which refers to the means used to reach the end decision. It was fully accepted into UK law after the passing of the Human Rights Act 1998 but it was has been previously considered in R vShow MoreRelatedJudicial Review2674 Words   |  11 Pagescontroversy of judicial review which at extreme points, is called judicial activism, is a concept new to India. Judicial review can be defined as the judiciary, in the exercise of its own independence, checking and cross checking the working of the other organs of the government, while trying to uphold the ideal of ‘the rule of law’. Judicial activism more reformist in character is often confused with judicial review. According to Black’s Law Dictionary, judicial activism is â€Å"a philosophy of judicial decision-makingRead MoreJud icial Review : The Constitution1168 Words   |  5 PagesJudicial Review is the power of courts to determine whether or not actions by the government are valid. The courts adjudicate the constitutionality of the governmental actions under review to ensure their validity. Under judicial review, the government actions under consideration for validity are presidential orders and actions, as well as legislation by Congress. In other words, judicial review is a check on the executive and legislative branches of the government. Judicial review checks these governmentalRead MoreJudicial Review : The Supreme Court968 Words   |  4 PagesJudicial review is the idea that the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judicial branch, most commonly the Supreme Court. It allows the Supreme Court to take an active role in ensuring that the other branches of government abide by the constitution, as they interpret the document. This process is paramount in protecting the validity of the Constitution as well as upholding the laws set forth by it as well. JudicialRead MoreJudicial Review And The Indian Courts2740 Words   |  11 PagesJUDICIAL REVIEW AND THE INDIAN COURTS Introduction Judicial Review is basically an aspect of judicial power of the state which is exercised by the courts to determine the validity of a rule of law or an action of any agency of the state. The courts have the power of testing the validity of legislative as well as other governmental action with reference to the provisions of the constitution. The judiciary tries to undo the harm that is being done by the legislature and executive and they also tryRead MoreJudicial Review and Judicial Supremacy: a Paradigm of Constitutionalism in Nigeria.15519 Words   |  63 PagesJUDICIAL REVIEW AND JUDICIAL SUPREMACY: A PARADIGM OF CONSTITUTIONALISM IN NIGERIA. By A.T.Shehu, PhD( ABSTRACT This paper examines judicial review and judicial power in Nigeria under the 1999 Constitution in relation to the constitution itself and in relation to the political branches of government. This is essentially to locate where lays supremacy between the branches and the judiciary particularly the Supreme Court with its final appellate jurisdiction. Judicial review and supremacy of theRead MoreJudicial Review : The United States1242 Words   |  5 Pagescase that they play a very big part in the public’s policy making. Judicial review is the primary role of the federal courts to discuss back and forth if a law is unconstitutional. Judicial review can also regulate the acts or behaviors that the Executive and Judicial carry out in legislation and the Courts may choose to declare those actions taken by the other branches or not those actions are unconstitutional or not. Judicial review is also the main source of power in the Supreme court s. It hasRead MoreJudicial Review And The Indian Courts1444 Words   |  6 PagesPolitical Science Essay Monsoon Semester 2014 Submitted by- Pradyumna Soni 214048 JUDICIAL REVIEW AND THE INDIAN COURTS Introduction Judicial Review is basically an aspect of judicial power of the state which is exercised by the courts to determine the validity of a rule of law or an action of any agency of the state. The courts have the power of testing the validity of legislative as well as other governmental action with reference to the provisions of the constitution. TheRead MoreJudicial Review : The United States813 Words   |  4 PagesThe judicial review is the convention concealed by the executive and legislative activities which are liable for the judiciary to look over. Particular courts that have judicial review authority must repeal the demonstrations of the state. This happens when it discovers them inconsistent with a higher power. Judicial review is a case of the detachment of forces in a present day administrative framework. This rule is translated diversely in distinctive wards, so the method and extent of judicial reviewRead MoreJudicial Review : An Intrinsic Necessity1312 Words   |  6 Pages Submissions to the High Court Regarding Judicial review is an intrinsic necessity to the Australian Government and is a critical aspect in enforcing accountability of both the legislative and executive branches. Essentially, the actions of constituent legislative and executive branches are subject to review, regardless of these governmental counterparts holding authority exceeding that of the judiciary. In fact, a number of provisions for judicial review are upheld by the Australian ConstitutionRead More The case against Judicial Review Essay892 Words   |  4 PagesThe Case Against Judicial Review In order to make a case against judicial review it is first important to understand the origins. Born in 1803 out of the landmark United States Supreme Court decision of Marbury V. Madison, judicial review gives the court the power to invalidate any law repugnant (or in conflict with) to the constitution. Judicial review has for the courts, become a self made license to strike down legitimately made legislation by democratically elected representatives