Judicial Review Flashcards
What is judicial review?
The review by the High Court of the decisions, acts and omissions of public bodies or their officers.
What is the aim of judicial review?
To keep the actions of public bodies and officials within the confines of the law from which they derive their power.
What court exercises judicial review?
The Supreme Court
What is a pubic body?
A public body is a body vested with the responsibility of performing a public function.
What is a statutory body?
A
statutory body is a body created by statute or by parliamentary enactment and which derives its
power from statute.
True/False A statutory body is also called a public body.
true
What is the Ultra Vires Doctrine?
Ultra vires is a latin term meaning ‘acting in excess or outside one’s powers or area of authority’.
An ultra vires situation can also occur then a piece of legislation attempts to take away or
infringe a right given to an individual under the constitution.
When may a public law issue arise?
A public law issue may arise when a public or statutory body, tribunal or functionary acts or fails
to perform a public duty, which it owes to the individual.
Define Locus Standi.
The term locus standi, which can otherwise be referred to as ‘standing’ means literally ‘a place to stand on.’ To say that a person has no locus standi means that he has no right to appear or be heard in a matter. In public law it is largely concerned with
whether the proper person has brought the action.
Give a case example of locus standi being utilized.
In R v Mbafeno et al (1966) 10 WIR 368 the requirement that one should have locus standi to be eligible to be granted relief by the Court is stated as this:
“Therefore, he has to show that he is one who is wrongly deprived or refused something to which he is legally entitled or upon whom a legal burden is cast, and not merely one who is dissatisfied
with an act or decision. In short, he must have a locus standi to apply for an order.”
The concept of locus standi in a matter can be determined by taking into consideration of the following: (list like 4 but all 6 for a cookie)
- The merits of the challenge
- The importance of vindicating the Rule of Law
- The importance of the issue raised
- The likely absence of any other responsible challenge
- The nature of the breach of duty against which relief is sought
- The prominent role of the applicants in promoting and protecting aid to developing nations
What must a person do if they which to bring a matter against a public body into court?
“Therefore, he has to show that he is one who is wrongly deprived or refused something to which
he is legally entitled or upon whom a legal burden is cast, and not merely one who is dissatisfied
with an act or decision. In short, he must have a locus standi to apply for an order.”
In order to satisfy the Attorney General that his case merits the grant of permission to be heard un the Supreme Court the Application must show that:
- He has locus standi
- He has a good prima facie case
- The body against whom the claim is being brought is a public body that has done something it ought not to do or failed to do which it ought to do.
- The application must show that he or those whom he seeks to represent has/have been affected by the acts or omissions of the public body.
What are the main grounds upon which the court will now interfere to assert their supervisory role? (state what they may have been done as a result of)
- Where the powers exercised are ultra vires the powers of the tribunal, body or official
- Where there has been improper delegation of that power
- Where there has been infringement of the rules of natural justice and legitimate expectation
- Where there has been an abuse of discretion
- Where there has been an error of law or fact appearing on the face of the records.
Ay of the above may have been done as a result of any of the following:
-Improper motive in the exercise of power
-That the powers were exercised:
>In an arbitrary manner
>Capriciously
>That the acts of the tribunla or official were motivated by bias
What are some remedies available under Judicial Review?
- Certiorari- this is available in cases where there has been excess of jurisdiction, want of jurisdiction, abuse of power
- Declaration-This is a discretionary remedy, which takes the form of a statement by the Supreme Court that an individual possesses a particular legal status, right or obligation.
- Injunction-This is another discretionary order of the Supreme Court which prevents a tribunal, official or statutory body from performing a particular act.
- Mandamus- This latin word means “we command. It is a prerogative order of the Supreme Court instructing an official or tribunal to perform a special public duty relating to its responsibilities.
- Prohibition- This is a remedy granted by the Supreme Court and which bars an inferior tribunal, official or administrative body from the performance of a particular act.
- Damages- this is a form of compensation in money terms, which is granted by an order of the Supreme Court. Such an order seeks to put the individual back into the position that he or she was before the commission of the wrongful act of which the individual has complained.
- Habeas Corpus- This latin term means “let us have the body” . It is any application for an order of the Supreme Court against an inferior tribunal official or statutory body to produce a person being held in breach of that individual’s constitutional and/or fundamental rights.
