Appeal and Judicial review distinction Flashcards
Define judicial review.
Judicial review is the authority given to the judiciary to examine and render actions invalid undertaken by the executive arm of government, decisions made by tribunals, and decisions made by lower courts.
Define an Appeal.
An appeal is concerned with the merits of the case and it entails that the decision maker came to a wrong conclusion on facts or law. Thus the second decision maker is entitled to state the correctness of the decision maker’s decision at first instance.
What did Lord Greene Mr stated in the case of Associated Provincial picture houses Ltd v Wednesbury Corp ?
Lord Greene Mr stated in the case of Associated Provincial picture houses Ltd v Wednesbury Corp “whenever it is alleged that the local authority have contravened the law, must not substitute itself for that authority. It is only concerned with seeing whether or not the proposition is made good.”
What is an appeal ?
An appeal is where parties request a formal change to an official decision taken by a court. This is an alternative outcome to the original decision sought in an appeal
What is the function of the supreme court in an appeal ?
The function of the Supreme Court in an appeal is to review the actual outcome that the decision-maker reaches and reasons decision-maker gives for a decision.
What does the statement “ an Appeal is often held de Novo” mean ?
This means that the appeal court places itself in the shoes of the original decision-maker. It considers all the evidence from a fresh perspective and decides whether the decision reached is the correct or preferable one.
What is the difference between a statutory system of appeal and an application for certiorari ?
A statutory system of appeal is more effective and more convenient than an application for certiorari
What is the difference between a statutory system of appeal and judicial review ?
Judicial review is costly and time consuming whereas an appeal to the secretary of State on all issues arising between the parties can be disposed of at one hearing. Whether the issue between them is a matter of law or fact, or policy or opinion, or a combination of some or all of these, one hearing before the Secretary of State has jurisdiction to deal with them all
What cases are a certiorari limited to and what case was this highlighted in ?
certiorari is limited to cases where the issue is a matter of law and then only when it is a matter of law appearing on the face of the order. This was highlighted by Lord Widgery C.J in the case of R v. Hillingdon (London Borough) Council.
what did O’ Higgins CJ state in the case of State (Abenglen Properties Ltd) v Dublin Corporation [1984] ?
In the case of State (Abenglen Properties Ltd) v Dublin Corporation [1984]. O’Higgins CJ stated that “The court ought to take into account all the circumstances of the case, including the purpose for which certiorari has been sought, the adequacy of the alternative remedy and, of course, the conduct of the applicant.”
What is one of the main characteristics of an appeal ?
it considers all evidence from a fresh perspective and decides whether or not the correct/preferable decision ought to have been made.
Does successful review result in the replacement of the decision-makers decision ?
Successful review does not result in replacement of the decision-makers decision.
What did the the high court hold in the case of Michael Devlin v The Minister for Arts, Culture and the Gaeltacht, Ireland and The Attorney General [1999] ?
The high court held in Michael Devlin v The Minister for Arts, Culture and the Gaeltacht, Ireland and The Attorney General [1999] that the only function of the courts in relation to the exercise of such powers is to review the procedures in which they are exercised.
What happens In the absence of express statutory provision ?
In the absence of express statutory provision the courts do not have an appellate role by which they can reverse or review the actual decision taken.
