Nemo index in sua causa — no man shall be a judge in his own cause. There are certain principles that will guide the court in determining the presence of bias.
Whenever circumstances give rise to the exercise of discretion: Hence they applied for a declaration questioning the alienation of land. The main remedy where there is an error of law or an error on the face of the record is certiorari. This is in order that the person affected must be made aware of what is going on and be given an opportunity to raise any objection that they might have, they must have the chance to defend themselves.
It involves acting partially i. Appropriate Remedy; What will judicial Judicial review notes achieve? Invalidation is by way of quashing so the decision is quashed. The effect of error of facts is that it renders a decision null and void.
Purposes of judicial review The local authority granted the Plaintiffs licences for Sunday performance subject to one condition that no children under 15 yrs of age should be permitted to Sunday performance with or without an adult. Failure to ascertain what the law is on a particular matter or what the law says about a particular matter; 2.
Where there is error it means: Judicial review and the multi-layered constitution: If it decides wrongly that it has jurisdiction to hear the matter, such decision would be a nullity, a jurisdictional error but not a mere error of law. Invalidation is by way of quashing so the decision is quashed.
It means simply that this is the doctrine on the basis of which the courts will interfere or intervene in matters of public administration. The court found that this amounted to an error on the face of the record and the decision was quashed.
Due to the challenges of extracting text from PDFs, it will have odd formatting: The parties brought a suit seeking to have the purchase order invalidated on the grounds that the order to purchase this land was ultra vires.
Board of Education v. Where facts have not been properly interpreted; 3. What type of order is required? The employers then demanded for their real names from the Trade Union, but the Casuals threatened to take industrial action against them if their names were disclosed.
In doing so they failed to adhere to sections 8 and 9 of the Law Reform Act which is the enabling statute. In all these cases, it is usually said that there is an error of law on the face of the record.
This can result from a number of things 1.
That an administrative agency has acted without jurisdiction. What type of order is required? The dismissal violated the doctrine of natural justice and hence is void.
Procedural grounds Council of Civil Service Unions v. The court held that the authority had clearly exceeded its powers. Failure to comply with a court order is the criminal offence of contempt of court.JUDICIAL REVIEW LECTURE NOTES JUDICIAL REVIEW Lecture 1 Judicial Review is the process through which an aggrieved person can find redress in a Court of Law.
Judicial Review forms part of administrative law because it is the most appropriate way that an aggrieved party aggrieved by an administrative body can find redress.
Reading Material. Judicial review of administrative actions is the power or process by which the High Court exercises its supervisory jurisdiction over proceedings and decisions of inferior tribunals or other authorities, bodies or persons charged with the performance.
Judicial review of administrative actions is the power or process by which the High Court exercises its supervisory jurisdiction over proceedings and decisions of inferior tribunals or other authorities, bodies or persons charged with the performance.
Judicial Review notes created by brilliant United Kingdom grads. We also stock other BPTC Law, including Mediation, Civil Advocacy, and Alternative Dispute Resolution.
“judicial review is the exercise of the court’s inherent power at common law to determine whether action is lawful or not, in a word to uphold the Rule of Law.” Simon Brown J, R v HM the Queen in Council, ex parte Vijayatunga  QB FACULTY OF LAW LAWS ADMINISTRATIVE LAW EXAM NOTES Topics: • Judicial Review - Jurisdiction of the Courts • Reasoning Process Grounds of Judicial Review • Judicial Review Remedies • Decisional Grounds of Judicial Review • Judicial Review of Rule-making • Access to Judicial Review - Standing • Procedural Grounds of Judicial Review • Restricting Judicial Review - Privative Clauses.Download