Chapter V - Judicial Review Flashcards
What are the Basic Concepts of Judicial Review?
The problem of judicial review of administrative
actions necessarily brings the judicial process into conflict with the admin process and presents
vital questions as to the relative roles of admin
agencies and the courts in our gov’t.
What is the Meaning of Judicial Review of
Administrative Actions?
In connection with the action of and admin
agency, judicial review is used generally to
embrace any matter which arises when such
action is brought into question before a court.
One basic approach to judicial review:
Questions of law or validity are for the
COURT;
Questions of fact, policy, or discretion are
determinable by the ADMIN AGENCY.
How is the Right to Judicial Review Granted to
the Courts?
Most often, the right to Judicial Review is
granted by statute.
It may also exist under the general powers of
the courts when the legislature has not precluded
judicial review expressly or impliedly in an area
where the courts have such power AND where:
A justiceable right exists; or
A right which the courts may enforce
May Administrative Determinations be Made
Final and Irreviewable?
Judicial Review of Admin Action may be
granted or withheld as Congress chooses
EXCEPT when the Constitution requires
judicial review.
When the law confers exclusive and final
jurisdiction upon the executive departments of
the gov’t to dispose of particular questions, their
judgment or the judgment of that particular
department are NO more reviewable by the
courts.
In such cases there is no violation of due
process.
Due process does not require that a decision
made by an appropriate tribunal shall be
reviewable by another.
What are the Main Sources of Judicial Review?
Judicial Control or review of administrative
actions may proceed from any of the following:
(1) Constitutional Provisions
(2) Validly enacted Legislation
(3) Doctrines developed by the courts
themselves, independently or statutory
provisions.
What is the purpose of judicial review even if it is
not granted by the statute?
Purpose of judicial review is to keep the admin
agency within its jurisdiction and protect
substantial rights of parties affected by its
decisions.
It is a part of a system of checks and balances
restricting the separation of powers and
forestalling arbitrary and unjust adjudications.
Generally, when is Judicial Review proper?
(1) Lack of Jurisdiction
(2) Grave Abuse of Discretion
(3) Error of law,
(4) Fraud or Collusion.
What may the Courts do in exercise of Judicial
Review?
The courts may declare an action or resolution
of administrative authority to be illegal because:
(1) It violates or fails to comply with some
mandatory provisions of law; or
(2) It is corrupt, arbitrary and capricious
What are Conditions for the Exercise of Judicial
Review?
Before Judicial Review of Administrative
Determinations may be had, it is required:
(1) Principle of Finality of Administrative
Action
That the Administrative action has
already been fully completed, and
therefore, final; and
(2) Doctrine of Exhaustion of Administrative
Remedies
All administrative remedies have been
exhausted.
What is the Principle of Finality of the
Administrative Action?
The principle states that courts are reluctant to
interfere with administrative action prior to its
completion and in this sense not final.
Courts are averse to review interim steps in an
admin proceeding, and preliminary or
procedural orders of an admin body, primarily
on the ground that such a review would afford
opportunity for constant delay.
What is the Doctrine of Exhaustion of Admin
Remedies?
This requires that when an admin remedy is
provided by law, relief must be sought by
exhausting this remedy before the courts will
act.
No recourse can be had until all such remedies
have been exhausted and special civil actions
agst admin officers should not be entertained if
superior admin officers could grant relief.
IMPT: SC has held that exhaustion of admin
remedies is necessary ONLY when required by
law, and that ignorance of the existence of such
admin remedy is no excuse.
Does the Non-Exhaustion of Admin Remedies
Prevent Judicial Review?
GENERALLY, non-exhaustion of admin
remedies would prevent judicial review.
Unless the process of admin decision-making
has been completed, a case is not ready for
judicial review.
Exhaustion of admin remedies imports recourse
to the highest admin authority.
Does Exhaustion of Admin Remedies Include the
Appeal to the President?
Under the system of government that we have,
exhaustion of remedies theoretically envisages
appeal from the head of a bureau or office to the
department head and finally to the President of
the Philippines.
What is the Doctrine of Primary Administrative
Jurisdiction or Prior Resort?
This doctrine holds that courts cannot and will
NOT determine a controversy:
a) Involving a question which is within the
jurisdiction of the administrative tribunal;
b) Such administrative tribunal has not yet
rendered a decision of that question;
c) The question demands the exercise of sound
administrative discretion requiring the
special knowledge, experience, and services
of the administrative tribunal;
d) The purpose of such discretion is to
determine technical and intricate matters of
fact; and a
e) Uniformity of ruling is essential to comply
with the purposes of the regulatory statute
administered.
The doctrine therefore requires prior resort to
the appropriate admin agency before the
jurisdiction of the courts can be invoked.
(hmm… isn’t this similar to doctrine of finality?)
