grounds for judicial review of administrative action
In a landmark ruling on 11th January 2007, the Supreme Court of India ruled that all laws (including those in the Ninth Schedule) would be open to Judical review if they violated the basic structure of the Constitution of India. Whether the decision-making authority exceeds its power. The court laid out three conditions in order to conclude the right to intervene-, In arriving at the decision, the defendant took into consideration the factors that ought not to have been taken into, or, The defendant failed to take into consideration the factors that ought to have been taken into, or. Grounds for judicial review of administrative action: An analysis of Vietnamese administrative law They were later dismissed from service. In the case of Mrs Coughlan a disabled woman in a nursing home at Newcourt Hospital Devon, she was given an assurance she could stay in her nursing home as long as she wished to remain there and it was argued on her behalf that this gave rise to a legitimate expectation. https://www.lawteacher.net/free-law-essays/constitutional-law/jurisdiction-of-the-supreme-court-constitutional-law-essay.php#:~:text=Judicial%20review%20is%20an%20essential,which%20is%20inherited%20from%20Britain. This can happen in the following situations when –, All administrative powers must be exercised bonafide and fairly. 4. 322, K.L. The Court may expel a person from the office if he finds that he is not entitled to obtain such an office. In Australia, an administrative decision is said to be unlawful if it breaks one of the criteria that are defined in section 5 of the Administrative Decision (Judicial Review) Act 1977 (‘AD (JR) Act’). This paper deals with the broader aspects of administrative law and various The term “jurisdiction” means “power to decide”. 3. We have accordingly seen the subject of administrative law remarkably expanding to meet the changing demands of new political, economic and social conditions. Administrative law has an enormous The court held that the punishment imposed on the workmen was not only severe but also disproportionate. That the authority has mistakenly decided a jurisdictional fact and henceforth assumed jurisdiction which did not belong to it first. In India, the remedy available against violation of fundamental rights is through writs under Article 32 and 226 of the Indian constitution in Supreme Court and High Court respectively. 1. If the court finds out that the detention has been illegal or without legal justification, it will order for the immediate release of the detainee. The main purpose of judicial review is to protect the interest of its citizens from the excessive powers or illegal actions of the administrative authorities. However, we may have made mistakes and we will not be responsible for any loss or damage of any kind arising because of the usage of this information. 2. 6m funding nothing happened. The term ‘jurisdiction’ means the power to decide. You’ve accepted all cookies. All content is available under the Open Government Licence v3.0, except where otherwise stated, National restrictions in England from 5 November, Civil Procedure Rules (CPR) 1998 Part 5 section 1, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases, Where there is an error in law ( for example the Board applies the wrong test for release, or acts outside its statutory powers, takes into account irrelevant matters or fails to consider relevant ones), Where there is procedural impropriety, that is unfairness in the decision making process (for example failure to disclose documents to enable representations to be made, refusal to call relevant witnesses or giving inadequate reasons). As we know rights can go for and against, and with a JR everything can literally depend on the Judge who is presiding over the JR. 2. White and Collins v. Min. c. Laxmibai vs. Grounds for judicial review Section 33 (1) of the Constitution entitles everyone the right to administrative action that is lawful, reasonable and procedurally fair. ‘Irrationality’ was developed as a ground of judicial review in the, Associated Provincial Picture House v. Wednesbury, (1947) case which later came to be known as the ‘Wednesbury test’. Don’t worry we won’t send you spam or share your email address with anyone. Case), (1985) AC 374. More information on issuing judicial review claims on the Administrative Court Office can be found here. The actions which are carried out under the administrative law are called administrative actions.
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