Judicial Review - Overview Flashcards
Define Judicial review
The review by a judge of the High court of any exercise of public decision making powers, in order to determine whether the decision or action is unauthorized our invalid
How is judicial review similar or different to an appeal
Differences:
Different outcomes to the proceedings
Different function of judges - in appeals judges are making the decision about something in judicial review they are supervising the decision making of government officials
What is the purpose of judicial review
To allow for decisions made by the government to be challenged and ensuring that public authorities act within the law by defining the principles of law that govern administration and by safeguarding individual interests against illegal or unreasonable administrative action taken without following proper procedures
JR is about the procedural and substantive limits and constraints on power - Cooke J
There is the exercise of public power and what are the constraints on that power
What constitutional principle does it principally give effect to? How do the other constitutional principles come into play in judicial review
The separation of powers - prevents any one branch of government from being able to act with unfettered power
The rule of law - all are equal before the law even government decision makers
Parliamentary sovereignty - judges cannot overturn the law made by parliament but they can question that process that was followed to make a law
What is the role of the courts in judicial review proceedings
Judicial review is a supervisory jurisdiction
It is the jurisdiction of the senior courts to supervise the lawfulness of those who have been given primary responsibility for exercising public powers
Their role is only to supervise the exercise of power of the people we elect to exercise that power
What are the grounds of judicial review?
Established by Diplock J in Council Service Civil Unions Case and adopted in NZ, the three grounds are:
Illegality
Irrationality
Procedural Impropriety
Before action can be brought the decision must be amenable to judicial review. I.e. the decision must be a public one and therefore judicial review can be used to challenge it
ALWAYS REMEMBER TO CONFIRM THAT THE DECISION WAS AMENABLE TO JUDICIAL REVIEW - IT WILL GET YOU POINTS
What type of decisions or actions may be subject to judicial review?
Affirmed in - Lab tests Auckland Ltd v Auckland DHB CA Arnold J -
Judicial review will be available where there is fraud, corruption or bad faith
We accept as a matter of principle that it may be available in analogous situations such as where an insider with significant inside information and conflict of interest has used that information to further his or her interests and to disadvantage his or her rivals in a tender
