Judicial Review and Public Decisions

This assignment delves into the concept of judicial review, particularly its application to decisions made by public bodies. It examines the criteria used to determine whether a decision has a 'public dimension' and discusses the limitations of this test. The document argues for a simpler alternative: unqualified judicial review for all public body decisions. Furthermore, it analyzes the role of common law in guiding judicial review, emphasizing its importance in safeguarding individual rights against discriminatory practices.

Running head: ADMINISTRATIVE LAW
Administrative Law
Name of the Student
Name of the University
Author Note

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Table of Contents
Introduction......................................................................................................................................2
Administrative Law.........................................................................................................................2
Judicial Review................................................................................................................................3
Judicial Review May Be Wider than Public and Administrative Law............................................3
Determination of the accessibility to Judicial Review....................................................................5
Reference.......................................................................................................................................11

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The Irish courts position as to whether to grant judicial review on the grounds of
administrative unreasonableness has changed significantly over the past thirty years.
Introduction
Administrative Law
Administrative law defines the legislative authority that is controlled and monitor by the
government. It has formed for controlling the courts and judicial reviews where the
administrative action can be taken. The administrative actions are processed through the court,
which helps in the court proceedings like inter alia, use of ombudsmen, tribunals, and internal
reviews. The actions are processed by the Members of Parliament, the National Audit office and
regulatory agencies. The Administrative law sets the legal limitations, which are unfettered with
the administrative power. It also helps in the invalidated if the judge made rules, which become
infringed. The law helps to describe the judge made doctrines, which helps to set the standards of
conducts for the public. However, for the distinction, it always formed between the private and
public legal authorities1.
Private law is applicable on the legislations individually whereas the public law only
applicable in general for the citizens of the relevant countries. The rule of the law corporate with
the fundamental rights of individual citizens and exercise their power through the administrative
bodies or tribunals2.
1 Anthony, Gordon. Judicial Review in Northern Ireland. Bloomsbury Publishing, 2014.
2 Bloomer, Fiona, and Eileen Fegan. "Critiquing recent abortion law and policy in Northern Ireland." Critical Social
Policy 34.1 (2014): 109-120.

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Judicial Review
Judicial review is a process where the court has right to review a substantial amount of
work which helps to cover the area of law and negotiate the terms of the settlements. It helps to
complete the area of human rights, which can be fair and not threaten to the judicial system.
When the public review the decision of the government, they think that it has abused the powers
for the application of law but on that matter the judicial review process, it helps to review the
decision. The court reviews the decision and takes the appropriate actions according to necessary
issues.
Though it is a decision making process, it does not concern with the actual decision rather
it focuses on the process where the court has provided such rights and where it violated the rules.
Therefore it is required that the person who is unhappy with the decision making process must
appeal to the court for the review. The judicial review always provides the acknowledgement to
provide fair treatment with the relevant authorities. The requirement of natural justice and
constitutional justice always operated according to the statutory authorities for exercise their
powers where the court can review the whole process3.
Judicial Review May Be Wider than Public and Administrative Law
Judicial review is one of the narrow remedy, which helps to make challenges for the legal
rights of any decision but not as per their merits. The actual standard grounds for Judicial review
more effective in decision-making process. The courts has right to provide decision and they can
expand the scope for ensuring the effective remedy to vindicate legal rights. The court dealt with
different number of cases. Sometimes it claims the judicial review based on inadequate to ensure
effective Vindication of legal rights or not that type of remedy, which is required by law
3 Anthony, Gordon. Judicial Review in Northern Ireland. Bloomsbury Publishing, 2014.

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according to the relative context. Therefore, the judicial review is type of full appeal where the
interest of both division makers depends on the Standard Judicial review4.
The Judicial review helps the court for making and impugned decision which never
ensure the decision making process. The decision expands the scope and decision maker
according to the actual reference. When the court has wide enough to applicable according to the
proper materials and issue arises then it will applicable for the process of the actual judgement
which is made by a decision maker. The court can ensure the materials, which was taken
according to the actual course. The decision should be properly reasoned, rational and
reasonable. It must be taken through a particularly correct and fair way for an ultimate purpose
or by the person who have lawful authority. Therefore it can be stated that the people who prefer
to have another opportunity for argue on the merits, it provides the standard Judicial review or
correcting the decision in a reasonably way5.
Therefore when the remedy is only applicable for the Judicial review according to the
defaulter prescribed situation where the court have held that in appropriate cases must fixed by
narrow standard. It always ensures the recommendation and it must be effective on the
Vindication of legal rights6.
In the Irish and English Administrative, law always focuses on the scrutiny, which is
applicable according to the situation. For the judicial review, it administered against the authority
bodies directly or indirectly. It focuses on the particular decision, which is provided according to
the public decision. According to the restriction on the judicial review, it always make contrary
4 Robinson, Scott. "International Obligations, State Responsibility and Judicial Review Under the OECD Guidelines
for Multinational Enterprises Regime." Utrecht J. Int'l & Eur. L. 30 (2014): 68.
5 Bloomer, Fiona, and Eileen Fegan. "Critiquing recent abortion law and policy in Northern Ireland." Critical Social
Policy 34.1 (2014): 109-120.
6 Anthony, Gordon. Judicial Review in Northern Ireland. Bloomsbury Publishing, 2014.

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to the rule where it is included in the public elements. When it restricts the judicial review, it
must transaction with a public element, which could be adopted. For the application in other
documents, it must cover the decision, which is only applicable against the administration body
and control by the government7. Most of the time the application of the administration law
depends on the common law of the country, which is governed by the government. In the
organizations, the institutional benefits is depends on the community which could be private and
operates independently of the state8.
Determination of the accessibility to Judicial Review
It is necessary that the governing body of the state should determine the judicial review.
When the decision is determined to the public body it must subjected by all the acts. Te technical
rules will be applicable in such case where the judicial review is important to be listed under the
public decision9. According to the Administrative law it must administered by the state for
purpose of carrying the remedies, which helps to institute the resistance by the state-administered
institutions, or privately administered institutions. There are some exceptions where the judicial
reviews not applicable and operated individually. It includes trade unions, the Football
Association or the Turf Club. In the Ireland court, the court has institutes the certainly
represented the view in Ireland until 1996 when the Supreme Court evenly divided on the
question whether the Institute of Chartered Accountants in Ireland, a regulatory body operating,
it was assumed, independently of the state, was subject to judicial review. In the application of
the law, the emergency purpose of the statutory body helps to carry the regulatory service or the
7 Robinson, Scott. "International Obligations, State Responsibility and Judicial Review Under the OECD Guidelines
for Multinational Enterprises Regime." Utrecht J. Int'l & Eur. L. 30 (2014): 68.
8 Craig, Paul. UK, EU and global administrative law: foundations and challenges. Cambridge University Press,
2015.
9 Bloomer, Fiona, and Eileen Fegan. "Critiquing recent abortion law and policy in Northern Ireland." Critical Social
Policy 34.1 (2014): 109-120.

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social service, which helps perform according to the way of community, which is related with
the judicial review. However, in such cases Supreme Court has found itself hesitating to take
proper decision on the principals, which has been refused at the time appeal. At that time, both
the courts make the fundamental area, which could be ignored by the fundamental area of the
law. Therefore for the medium of mandamus it must covers the area or establishes the judicial
review against the private bodies, which are performing according to the public administrative
bodies10.
However, the application of the principals in the judicial reviews always satisfies those
categories, which stated the actual rule. At the application of first generation rule, it must help to
take decisions for the pursuant to the statute or instrument constituting the regulatory body in
question. Therefore, according to the subjected of the legislation enactment, it is define as
carcass of a public body. For taking the judicial reviews in such public body, it always refers to
the constitutive enactment, which is subjected to the judicial review.
Judicial review is processed against the court processing where the individually any
person or body may perform according to the public function. According to the formation of the
judicial proceedings, the authority or the public bodies took the decisions, which are control by
the government ministers, planning or licensing authorities. It is not only applicable in the High
Court but also applicable in the Supreme Court proceedings. As per the certain circumstances,
the judicial review helps to bring the proceedings against the private regulatory bodies who will
helps in carrying out the public functions11.
10 Bloomer, Fiona, and Eileen Fegan. "Critiquing recent abortion law and policy in Northern Ireland." Critical Social
Policy 34.1 (2014): 109-120.
11 Craig, Paul. UK, EU and global administrative law: foundations and challenges. Cambridge University Press,
2015.

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Aim of the judicial review
Judicial review is the process where court proceedings are start to process according to
the respected authorities, which are includes Government ministers, licensing or planning
authorities, contracting authorities, Bord Pleanála, tribunals, inferior courts, or regulators.
Therefore, in certain circumstances any person may apply for judicial review proceedings
against private bodies. It is only possible if those bodies are carrying out public functions. For
example, in a case, judicial review proceedings were issued against the Irish Coursing Club
Limited, which was a private limited company. In that process, that company had provided with
certain statutory functions under the Greyhound Industry Act 195812.
According to the rule of law, the function of the authorities depends on the different
ways. The public authorities depend on the governing body who are part of the ministers of
government always directed the executive members in their department. The state sponsor bodies
help to the authorities where they are specialised in discharge and functioned according to the
state sponsored authorities. The local authorities are also part of the governing bodies. Other that
there are other authorities is also able to state their decision13.
Unfortunately, the application of the second principle, the issue of determining whether
an act belongs to that category of decision subject to judicial review, or not, cannot be stated in
one simple formula. The rule is really the sum of a number of quite separate and distinct
principles. These principles can be divided into a ‘first generation’ set of principles, and a
‘second generation’ set of principles. The ‘first generation principle’ encloses a period, which
runs until the late 1960's. The second-generation principle runs from the late 1970's to the
12 Anthony, Gordon. Judicial Review in Northern Ireland. Bloomsbury Publishing, 2014.
13 Bloomer, Fiona, and Eileen Fegan. "Critiquing recent abortion law and policy in Northern Ireland." Critical Social
Policy 34.1 (2014): 109-120.

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present day. According to the first generation rules, a decision is subject to judicial review if it is
taken pursuant to the statute or instrument constituting the body in question. Traditionally, a
legislative enactment is the carcass of a public body. Decisions, which a public body takes by
reference to this constitutive enactment, are subject to judicial review14.
However not all decisions taken by a public body are taken by reference to statute. Many
public bodies are non-statutory, many are not even incorporated, and even a statutory body may
exercise non-statutory implied powers15. In 1967, the English Court of Appeal took two steps
forward and held that all decisions, whether statutory or non-statutory were subject to judicial
review. The only essential was that the organisation be established by, or be acting on behalf of,
the State. In the early 1980, the same Court of Appeal took one-step back in order to be subject
to judicial review the decision had to contain a public element16. This is our ‘second generation’
principle where a decision, which does not directly originate in the statutory apparatus
constituting the public body, is accessible to judicial review only where there exists a public
dimension to the transaction. However, while it is relatively easy to apply the first generation
principle, to determine whether a decision is taken by reference to statute, it is less easy to decide
whether a decision has a public element. There is, perhaps, no greater source of distraction to a
court dispensing judicial review today than the question whether a decision is public rather than
private. Therefore, when in 1993, Sinn Féin challenged a decision by the elected members of
Dundalk U.D.C. to rescind permission to hold its Ard Fheis at Dundalk Town Hall, the issue
that preoccupied the High Court more than any other was whether the decision was within the
14 Craig, Paul. UK, EU and global administrative law: foundations and challenges. Cambridge University Press,
2015.
15 Robinson, Scott. "International Obligations, State Responsibility and Judicial Review Under the OECD
Guidelines for Multinational Enterprises Regime." Utrecht J. Int'l & Eur. L. 30 (2014): 68.
Robinson, Scott. "International Obligations, State Responsibility and Judicial Review Under the OECD Guidelines
for Multinational Enterprises Regime." Utrecht J. Int'l & Eur. L. 30 (2014): 68.
16 Craig, Paul. UK, EU and global administrative law: foundations and challenges. Cambridge University Press,
2015.

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public domain. Again, it was the issue of the public and private divide, which dominated the
challenge by a Garda probationer in 1991 to a decision by the Garda Commissioner to overturn
his appointment. In 1996, a university professor challenged the legality of the university's policy
for retirement of the staffs at 65; the question of the amenability of such a decision to review was
the first line of defence by the university. The principles by which the courts determine whether
a decision is ‘private’ or ‘public’ are extremely intricate. It will be suggested later that this test is
not required by the objective which underlies its creation, and that a simpler alternative is
available. The public element test is unnecessary. An unqualified rule that judicial review will lie
to all decisions taken by a public body is just as feasible, and being fairer and easier to apply,
would be far preferable.
Conclusion
The modern of doctrine if the judicial system is entitled to the institutions, which are only
related with the court processing. That review helps to establish the parliament or the central
government who became the actual general body of the authorities. The common law helps the
citizen to socialize the functions of the judicial reviews, which are accurate according to the
mandamus. Individually it helps to challenge the decision making of the private bodies which are
entitles to the direction of the decision maker17. The judicial review only lies against decisions,
which have a public dimension.18.It restrict on the availability of judicial review, which helps to
the individual where the rules operates in the discriminative ways. When the decisions are
subject to judicial review except where there are some alternative causes of action, a public body
makes all decisions, statutory or extra-statutory. On the ground of review it is either that the body
17 Robinson, Scott. "International Obligations, State Responsibility and Judicial Review Under the OECD
Guidelines for Multinational Enterprises Regime." Utrecht J. Int'l & Eur. L. 30 (2014): 68.
18 Craig, Paul. UK, EU and global administrative law: foundations and challenges. Cambridge University Press,
2015.

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has breached one of the instruments regulating it, has not complied with one of the common law
rules regulating public administrative decision-making, or has ignored the Irish constitutional or
European rights of the individual.

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Reference
Anthony, Gordon. Judicial Review in Northern Ireland. Bloomsbury Publishing, 2014.
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.
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.
Robinson, Scott. "International Obligations, State Responsibility and Judicial Review Under the
OECD Guidelines for Multinational Enterprises Regime." Utrecht J. Int'l & Eur. L. 30 (2014):
68.
Bloomer, Fiona, and Eileen Fegan. "Critiquing recent abortion law and policy in Northern
Ireland." Critical Social Policy 34.1 (2014): 109-120.
Barnett, Hilaire. Constitutional and administrative law. Taylor & Francis, 2017.
Harding, Christopher, et al. "The Interplay of Criminal and Administrative Law in the Context of
Market Regulation: The Case of Serious Competition Infringements." Globalisation, Criminal
Law and Criminal Justice: Theoretical, Comparative and Transnational Perspectives (2015).
Leyland, Peter, and Gordon Anthony. Textbook on administrative law. Oxford University Press,
2016.
Rose-Ackerman, Susan, Peter L. Lindseth, and Blake Emerson, eds. Comparative administrative
law. Edward Elgar Publishing, 2017.

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Donson, Fiona, and Darren O'Donovan. "Law and public administration in Ireland." (2015): 1.
Elliott, Mark, and Jason NE Varuhas. Administrative law: text and materials. Oxford University
Press, 2017.
Parpworth, Neil. Constitutional and administrative law. Oxford University Press, 2016.
Craig, Paul. UK, EU and global administrative law: foundations and challenges. Cambridge
University Press, 2015.