What is Judicial Review?
Judicial review is a court process in which a judge checks if a decision or process adopted made by a public body or state body is legal or illegal.
It is a legal procedure where a person can contest the decisions of public bodies or state departments. In addition, it is a challenge to a decision made or the process of arriving at that decision.
A person feeling that their rights have been violated by the decision of the public authority, by courts like the Circuit, District, tribunal, or the local council can apply to the High Court for review of their decision.
The High Court is concerned with the fairness of the decision-making process of the administrative bodies, rather than the correctness of the decision itself. The court takes all the relevant considerations into account, to check for evidence regarding any fraud, deceit, bad faith, or if the decision taken by the legal body had it in its capacity to do so.
Judicial Review Proceedings are brought before the High Court or Supreme Court by submitting an application to them, requesting leave (permission) to the court without notice to the decision-making body to challenge the decision.
The Judicial Review Proceedings application must outline the applicable issues and it is of high importance that the applicant should disclose all the relevant facts and figures. Within the time limit outlined below the application for leave must be made immediately unless the court considers a good reason for permitting an extension.
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