Judicial Review of Government Decisions

This assignment delves into the concept of judicial review, examining its role in challenging illogical government decisions. It outlines the grounds for judicial review, emphasizing the applicant's burden of proof and the court's discretion. The process is explained, highlighting the court's power to quash decisions or pronounce the applicable law. Various legal references and examples are used to illustrate key points about judicial review in a practical context.

Running head: ADMINISTRATIVE LAW
Judicial Review in Ireland
Name of the student:
Name of the university:
Author note

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Table of Contents
Introduction:...............................................................................................................................2
Decision:....................................................................................................................................2
Definition of judicial review:.................................................................................................2
Process of judicial review in Ireland:.....................................................................................3
Subject of judicial review:......................................................................................................4
Principle of public decision making:......................................................................................4
Judicial review procedure:......................................................................................................5
Grounds for judicial review:...................................................................................................6
Illegality:............................................................................................................................6
Procedural unfairness:........................................................................................................7
Irrationality:........................................................................................................................8
Legitimate expectation:......................................................................................................8
Conclusion:................................................................................................................................9
Reference:................................................................................................................................10

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Introduction:
Judicial review is a part of administrative law that assists to establish the principle
of democracy. The word review denotes reconsider or look over into a matter or decision. In
certain circumstances, it has been observed that the action taken by executive or decisions
made by judiciary has crossed their limit or infringe any provision of constitutional law. In
these cases, the aggrieved party may go to the higher authority for review the decision or
action of such government bodies. This is called judicial review1. The term judicial review is
quite related to the doctrine of separation of power. In separation of power, the judiciary
could not interfere into the matters of executive. However, in case of judicial review, the
judiciary has the option to supervise the power of the executive if it thinks that the latter has
made a contradiction to their power. The application of judicial review is based on the
different legal systems and theories. The view of common law about the review is quite
different compare to the view of civil law. Similarly, difference can be observed in between
legislative supremacy and separation of power2. Different parameters are also observed in
different countries regarding judicial review.
Decision:
Definition of judicial review:
In every democratic system, citizens have certain rights and the governments have
no power to take those rights away from them. Therefore, invades the democratic rights of
1 Woolf, Right Hon, et al. De Smith’s Judicial Review: First Supplement to the 7th edition. Sweet & Maxwell,
2014.
2 Belyaeva, Galina S., et al. "Basic Ideas of State Power Limitation in Political and Legal Doctrine." J. Pol. &
L. 10 (2017): 197.

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the citizen should be stopped for the protection of those rights. In most of the democratic
countries, the doctrine of legislative supremacy and separation of power are established. In
separation of power, three prime department that is executive, legislative and judiciary of a
government are enjoying their power separately and no one can interfere in other’s territory
without the process of law. On the other hand, legislative supremacy concentrates on the
extreme power of legislature over the other two departments3.
However, in certain circumstances, it can be observed that both the legislative and
executive departments have taken certain decisions that undermine the democratic rights of
the citizen and that act as a potential threat to the democratic establishment4. Law has
provided the citizens an opportunity so that they can place their grievance before the higher
or apex court by way of judicial review and the judiciary can take necessary action if it may
deem fit5. The central theme of the application on judicial review should base on public law.
Process of judicial review in Ireland:
In Ireland, the process of judicial review is classified into two parts such as
conventional judicial review and statutory judicial review. If any provision of law or any
action taken by the executive department affect the personal liberty of a person, he can plea
before the higher court against such decision. In case of implementation of an unfavourable
statutory scheme, the public will get a right to go against the statute by way of statutory
judicial review.
3 Gardbaum, Stephen. "Separation of powers and the growth of judicial review in established democracies (or
why has the model of legislative supremacy mostly been withdrawn from sale?)." The American Journal of
Comparative Law 62.3 (2014): 613-640.
4 Figgis, Darrell. The Irish Constitution. Litres, 2017
5 Jordao, Eduardo Ferreira, and Susan Rose-Ackerman. "Judicial review of executive policymaking in advanced
democracies: beyond rights review." (2014).

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Subject of judicial review:
Judicial review can be made against public decisions. In Ireland, the administrative
bodies and lower courts have the power to take public decisions. Those decisions can be
reviewed by the High Court. However, merit of the decisions is not the subject to judicial
review; rather the legality of the process of decision making is considered as the subject to
judicial review6. The higher courts are examined whether the decisions that taken by the
authority have based on fairness or not. The decision of the District Courts, Tribunals, deport
asylum seeker, legal aid board or decision of the administrative body regarding any
environmental dispute are certain examples of public decision7.
Principle of public decision making:
The public decision making process has certain principles that are needed to be
maintained at all the time and in any case, these processes are not being followed, the
aggrieved party will get the opportunity to challenge the validity of the decision by way of
judicial review. The decision in question should be made by proper authority and the decision
should not cross its limits. The decision making process should be based on fairness. The
principle of Audi Alterem Partem should have to be maintained at all circumstances by the
decision maker. Audi Alterem Partem means each party will get a fair chance to present their
own views. Further the decision maker should not be biased in nature while making the
decision. Each party should get equal opportunity in case to present their claim. The decision
maker is required to follow necessary legal requirements prescribed for such decision.
If all these requirements are not to be maintained properly, the aggrieved party may
seek judicial review before the High Court against the decision maker. However, sufficient
6 Corwin, Edward S. The doctrine of judicial review: Its legal and historical basis and other essays. Routledge,
2017.
7 Figgis, Darrell. The Irish Constitution. Litres, 2017.

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interests must have to be shown by the applicant and he should have to mention the losses he
has suffered by such decision. All the grounds of the case should be mentioned by the party
chronologically.
After filing the case, High Court will start to analyze the case and will find out
whether the process of decisions is illegal or not. It is also the duty of the court to decide
whether the grounds taken by the court are against the fundamental principles of the
constitution or not8. If the court thinks that the process was illegal in nature, it may quash the
decision or may cancel the same.
Judicial review procedure:
Judicial review analyses the merit of the decision. High Court may cancel or
invalidate a decision if the decisions are made irrationally. However, the process of judicial
review can be classified into certain stages. Leave stage is the first step of judicial review in
Ireland. A leave application should be made in this stage for judicial review and the court has
analysed the base of the case and will determine the authenticity of the claim. This stage is
important as in this stage, the interest of the applicant is revealed and the nature of the case or
decision should also get identified at this stage. The applicant must show the arguable aspect
of the case. The process of judicial review can only be placed before the court on meeting the
requirements of leave stage. The case will be at motion and notice of judicial review should
be served to all the parties accordingly.
The next stage is statement of opposition. On serving the notice for judicial review,
if the opposite party wants to defend them, they can file a reply statement before the court
and may plead their case. After the pleading process, hearing of the case will be started.
8 Bell, John, and Marie-Luce Paris. "RIGHTS-BASED CONSTITUTIONAL REVIEW.
CONSTITUTIONAL." Romanian Journal of Comparative Law n 1 (2017): 137.

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If the court cancel or quash the decision, the affected party can be get heard as
notice party as the judgment of the court will create certain impacts on him. The process of
judicial review has been mentioned in the Rules of Superior Courts9. There are certain time
limits that have been mentioned for filing a case of judicial review. According to the rule, the
aggrieved party can make an application within three months from the date of cause of action.
The limitation regarding time has been mentioned under Order 84 Rule 21 (1) of the Rule.
However, the time limit can be extended under Order 84 Rule 21 (3) of the Rule.
Grounds for judicial review:
The suitability of a case of being justifiable in Ireland is decided on the following
grounds:
 If the decision maker has acted illegally;
 If the decision maker has acted in procedurally unfair manner;
 If the decision maker has acted irrationally;
 If the decision maker has acted in such manner that goes against the legitimate
expectation of any individual.
Illegality:
In Ireland, the decision maker needs to identify the case correctly and necessary
legal provision should be applied by him. In case of any adverse situation, the decision can be
challenged by judicial review. The legality of the decision can be identified on the basis of
the respective statute applicable in that case. The statute will prescribe the particulars which
must be followed by the decision maker. The illegal acts of the decision maker can be made if
that particular body will:
9 Fabbrini, Federico. "The Euro-Crisis and the Courts: Judicial Review and the Political Process in Comparative
Perspective." Berkeley J. Int'l L. 32 (2014): 64.

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 Make a mistake in the application of the legal provision;
 Do certain things that are restricted by law;
 Not maintain proper grounds of law;
 Violate the human rights of the individual;
 Inappropriately use its power;
 Entrust a function that is not delegating in nature.
In Colaiste Feirste’s case10, the High Court of Ireland had decided that if any
government body had failed to abide by any rules prescribed by the statute, the aggrieved
party has all the rights to go against the decision.
Procedural unfairness:
The process of decision making should be based on fair terms and should not affect
the fundamental rights of the individual. Procedural fairness is depending on certain
circumstances:
a. Individual’s interest should not get harmed by the decision;
b. The decision maker has complied with all statutory duties;
c. Other relevant causes.
A decision will be considered as a subject of judicial review when the decision has
been taken by the authority without maintaining the legal provisions. The aftermath effect of
such decision will create detrimental effect on the opposite party. If the decision has been
taken without giving proper chances to the aggrieved party, the said decision can also be
regarded as a subject of judicial review. However, in all the circumstances, the body should
be proper and impartial in nature.
10 Colaiste Feirste v Department of Education [2011] NIQB 98

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Irrationality:
In case of irrationality, the logical approach of the decision maker has taken to be
considered. If the decision was irrelevant and the process was illegal, the courts of Ireland
may take the same as a subject of judicial review11. In a democratic country, the interest of
individual should be prioritised and illogical decisions are against these interests12.
Legitimate expectation:
When a promise has been made by any government body to any individual, the
individual can expect that the authority will keep that promise. That is known as legitimate
promise13. If the decision maker, in certain circumstances, made a decision without keeping
the promise, that will go against the legitimate expectation of the individual and the court will
consider the decision as a subject to judicial review14.
Conclusion:
The process of judicial review is one of the bases of democratic framework of a
country. In separation of power, all the three authorities of government are enjoying their
power separately. However, in such cases, it can be observed that certain decisions are made
against the fundamental rights of an individual. Therefore, it has become necessary to go
11 Neill, James. "Public Law Challenges to the Sale of State Assets: R (SDC LLP) v Secretary of State for
Business, Energy and Industrial Strategy." Judicial Review 22.2 (2017): 204-207.
12 Jordao, Eduardo Ferreira, and Susan Rose-Ackerman. "Judicial review of executive policymaking in
advanced democracies: beyond rights review." (2014).
13 Carver, Ray. "State Drone Laws: A Legitimate Answer to State Concerns or a Violation of Federal
Sovereignty." Ga. St. UL Rev. 31 (2014): 377.
14 Corwin, Edward S. The doctrine of judicial review: Its legal and historical basis and other essays. Routledge,
2017.

9ADMINISTRATIVE LAW
against such order for the establishment of democracy and justice. Judicial review is
providing such opportunity to the individual. It gives the individual a power to go against the
illogical decision of the legislature or administration. However, it is the discretionary power
of the government to accept a plea of judicial review15. The applicant must have to prove the
legitimacy of the application and should have to show the effect of the proposed decision on
the life of the aggrieved party. The court will determine whether a decision is subject to
judicial review or not on the basis of abovementioned grounds. The court can quash the
previous decision if it may deem fit16. In certain circumstances, the court may only pronounce
the proper section of law.
15 Corwin, Edward S. The doctrine of judicial review: Its legal and historical basis and other essays. Routledge,
2017.
16 Eliasson, Anna, and Shameem Ahmad. "Clarification on Awarding Costs and Relief: R (Hunt) v North
Somerset Council." Judicial Review 21.4 (2016): 285-288.

10ADMINISTRATIVE LAW
Reference:
Bell, John, and Marie-Luce Paris. "RIGHTS-BASED CONSTITUTIONAL REVIEW.
CONSTITUTIONAL." Romanian Journal of Comparative Law n 1 (2017): 137.
Belyaeva, Galina S., et al. "Basic Ideas of State Power Limitation in Political and Legal
Doctrine." J. Pol. & L. 10 (2017): 197.
Carver, Ray. "State Drone Laws: A Legitimate Answer to State Concerns or a Violation of
Federal Sovereignty." Ga. St. UL Rev. 31 (2014): 377.
Colaiste Feirste v Department of Education [2011] NIQB 98
Corwin, Edward S. The doctrine of judicial review: Its legal and historical basis and other
essays. Routledge, 2017.
Corwin, Edward S. The doctrine of judicial review: Its legal and historical basis and other
essays. Routledge, 2017.
Corwin, Edward S. The doctrine of judicial review: Its legal and historical basis and other
essays. Routledge, 2017.
Eliasson, Anna, and Shameem Ahmad. "Clarification on Awarding Costs and Relief: R
(Hunt) v North Somerset Council." Judicial Review 21.4 (2016): 285-288.
Fabbrini, Federico. "The Euro-Crisis and the Courts: Judicial Review and the Political
Process in Comparative Perspective." Berkeley J. Int'l L. 32 (2014): 64.
Figgis, Darrell. The Irish Constitution. Litres, 2017.

11ADMINISTRATIVE LAW
Gardbaum, Stephen. "Separation of powers and the growth of judicial review in established
democracies (or why has the model of legislative supremacy mostly been withdrawn from
sale?)." The American Journal of Comparative Law 62.3 (2014): 613-640.
Heidemann, Maren, and Dania Thomas. "Judicial review in the eurozone: the court system as
regulator? the case of the sovereign debt crisis." Regulating and Supervising European
Financial Markets. Springer International Publishing, 2016. 337-363.
Jordao, Eduardo Ferreira, and Susan Rose-Ackerman. "Judicial review of executive
policymaking in advanced democracies: beyond rights review." (2014).
Jordao, Eduardo Ferreira, and Susan Rose-Ackerman. "Judicial review of executive
policymaking in advanced democracies: beyond rights review." (2014).
Neill, James. "Public Law Challenges to the Sale of State Assets: R (SDC LLP) v Secretary
of State for Business, Energy and Industrial Strategy." Judicial Review 22.2 (2017): 204-207.
Woolf, Right Hon, et al. De Smith’s Judicial Review: First Supplement to the 7th edition.
Sweet & Maxwell, 2014.