Administrative Law Assignment | Law Assignment
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Added on 2020-05-28
Administrative Law Assignment | Law Assignment
Added on 2020-05-28
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Running head: ADMINISTRATIVE LAWJudicial Review in IrelandName of the student:Name of the university:Author note
1ADMINISTRATIVE LAWTable of ContentsIntroduction:...............................................................................................................................2Decision:....................................................................................................................................2Definition of judicial review:.................................................................................................2Process of judicial review in Ireland:.....................................................................................3Subject of judicial review:......................................................................................................4Principle of public decision making:......................................................................................4Judicial review procedure:......................................................................................................5Grounds for judicial review:...................................................................................................6Illegality:............................................................................................................................6Procedural unfairness:........................................................................................................7Irrationality:........................................................................................................................8Legitimate expectation:......................................................................................................8Conclusion:................................................................................................................................9Reference:................................................................................................................................10
2ADMINISTRATIVE LAWIntroduction:Judicial review is a part of administrative law that assists to establish the principleof democracy. The word review denotes reconsider or look over into a matter or decision. Incertain circumstances, it has been observed that the action taken by executive or decisionsmade by judiciary has crossed their limit or infringe any provision of constitutional law. Inthese cases, the aggrieved party may go to the higher authority for review the decision oraction of such government bodies. This is called judicial review1. The term judicial review isquite related to the doctrine of separation of power. In separation of power, the judiciarycould not interfere into the matters of executive. However, in case of judicial review, thejudiciary has the option to supervise the power of the executive if it thinks that the latter hasmade a contradiction to their power. The application of judicial review is based on thedifferent legal systems and theories. The view of common law about the review is quitedifferent compare to the view of civil law. Similarly, difference can be observed in betweenlegislative supremacy and separation of power2. Different parameters are also observed indifferent countries regarding judicial review.Decision:Definition of judicial review:In every democratic system, citizens have certain rights and the governments haveno power to take those rights away from them. Therefore, invades the democratic rights of1Woolf, Right Hon, et al.De Smith’s Judicial Review: First Supplement to the 7th edition. Sweet & Maxwell,2014.2Belyaeva, Galina S., et al. "Basic Ideas of State Power Limitation in Political and Legal Doctrine."J. Pol. &L.10 (2017): 197.
3ADMINISTRATIVE LAWthe citizen should be stopped for the protection of those rights. In most of the democraticcountries, the doctrine of legislative supremacy and separation of power are established. Inseparation of power, three prime department that is executive, legislative and judiciary of agovernment are enjoying their power separately and no one can interfere in other’s territorywithout the process of law. On the other hand, legislative supremacy concentrates on theextreme power of legislature over the other two departments3. However, in certain circumstances, it can be observed that both the legislative andexecutive departments have taken certain decisions that undermine the democratic rights ofthe citizen and that act as a potential threat to the democratic establishment4. Law hasprovided the citizens an opportunity so that they can place their grievance before the higheror apex court by way of judicial review and the judiciary can take necessary action if it maydeem 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 asconventional judicial review and statutory judicial review. If any provision of law or anyaction taken by the executive department affect the personal liberty of a person, he can pleabefore the higher court against such decision. In case of implementation of an unfavourablestatutory scheme, the public will get a right to go against the statute by way of statutoryjudicial review. 3Gardbaum, Stephen. "Separation of powers and the growth of judicial review in established democracies (orwhy has the model of legislative supremacy mostly been withdrawn from sale?)."The American Journal ofComparative Law62.3 (2014): 613-640.4Figgis, Darrell.The Irish Constitution. Litres, 20175Jordao, Eduardo Ferreira, and Susan Rose-Ackerman. "Judicial review of executive policymaking in advanceddemocracies: beyond rights review." (2014).
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