Judicial Review

Question 1

Definition

Answer 1

Manner in which a judge of HC - reviews acts of administrators

Reviews if actions are valid — upheld if valid

Applicable to — matters of public law — evident in Meadows v Minister for Justice , equality and Law reform 2010

Question 2

Who and what subject to JR?

Answer 2

Must pass PUBLICE ELEMENT test— in Geoghegan v Institute of Chartered accountants

Question 3

Traditional test - Source of power — State (colquhuoun) v D’Arcy

Answer 3

Held- decision for church - to discipline minister - not subject to JR — it was an agreement of church members — rather than statute

Hc- JR only applicable where - person or tribunal ;

— has duty to act judicially
— authority to impose liabilities
—derives authority from statute or law

Question 4

Murphy v turf club

O’ Connell v turf club 2015

Answer 4

• applicant — race horse trainer— sought JR— for revocation of his training license

— relationship between applicant and respondent— solely contractual
-public dimension NOT public duty

O’ Connell v turf club 2015

• turf club- previously private
• now public body

Question 5

PUBLIC ELEMENT TEST - NATURE of the power ( whether there is a public element to the decision)

Answer 5

Approach - first used by sc in - Beirne v Commissioner of an Garda Siochana

• applicant- trainee Garda— assignment terminated — alleged misconduct on outing

— claimed — investigation into alleged misconduct — breached right to fair procedures

• not given time to contradict allegations/ cross examine
• Garda commissioner- argued— applicants assignment came from contract

— decision- not subject to judicial review - private matter

However - Finlay check- decision - only excluded from judicial review - if it SOLELY & EXCLUSIVELY - derived from individual contract- made in Private Law

Final judgement of Beirne—- commissioners power to discipline and Dismiss— came from contract

Clear- power also came from— office commissioner — held and statutory powers attached to it

String contractual element

However - JUDICIAL REVIEW - Available —- due to PUBLIC ELEMENT

Question 6

PUBLIC ELEMENT TEST- CRITERIA - explained in Eoghan v UCD

Answer 6

1) decision made pursuant to statute ?
2) decision maker performing duty- related to matter of public concern ?
3) affecting contract of employment
4) decision made by decision maker - whose powers depend on- approval by legislature/gov

Question 7

Cases

Answer 7

Quinn v kings inn

• relationship between kings inn and students— contractual - not subject to Jr

Rajah v RCSI

• failed exam twice and tried to resit
• sought JR upon refusal —- contractual relationship
  — no judicial review

Question 8

“Geoghegan principles” - who and what subject to JR. -

Geoghegan v institute of chartered accountants 1995

Answer 8

— judgement — identifies factors — to help show — decision has public element

Facts:

— applicant — sought to restrain professional misconduct

—disciplinary proceedings by institute of chartered accountants

Denham j - listed factors

1) case- relates to major profession— important to community and special connection to judicial organ of gov

2) original source of power
3) functions within public domain ?
4) method of contractual relationship
5) consequences of tribunals decision
6) proceedings- must be fair - accordance with principles of natural justice

These principles - affirmed by SC in

O’ Donnell v Tipperary (south riding) cc