Admin law

Question 1

What are the requisites of judicial review of administrative decisions?

Answer 1

1. Prior resort to administrative bodies
2. Exhaustion of administrative remedies

Question 2

What is the doctrine of primary administrative jurisdiction?

Answer 2

Refers to the competence of a court to take cognizance of a case at first instance. If an administrative tribunal has jurisdiction over a controversy, courts should not resolve the issue even if it may be with proper jurisdiction

Question 3

What is the doctrine of exhaustion of administrative remedies?

Answer 3

Recourse through court action cannot prosper until after all such administrative remedies have first been exhausted.

Question 4

What is the effect of failure to exhaust administrative remedies on the jurisdiction of the court over the case?

Answer 4

Does not affect jurisidiction of the court. It just deprives the complainant of a cause of action which is a ground for a motion to dismiss.