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Judicial review

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HomeBrud.gifAdministrative LawBrud.gifJudicial review

Judicial review is the determination of the Judiciary as to whether or not the laws and actions of the Legislation and Administration are constitutional.

It is the name given to the process by which a Court (generally the High Court or above) looks into a challenge against an administrative action.

It is a claim to review the lawfulness of:

  • An enactment
  • A decision, action or failure to act in relation to the exercise of a public function

Unlike in Private Law, a claim for a judicial review cannot be claimed as a matter of right. The claimant has to apply for permission to bring a claim for judicial review.

Judicial Review in the United States of America

There is no explicit mention of the power of the Judicial review of the Court in the Constitution of United States of America. The United States Supreme Court has explicitly established this power in 1803 in the case Marbury v Madison, 5 U.S. (1 Cranch) 137, 2 L.Ed. 60 (1803). Because of this case, the Federal and State Courts are able to exercise the power of judicial review since then.