grounds for judicial review

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Proponents of judicial review argue that it is a mechanism that forces governments to act within their statutory limits.Critics of judicial review argue that allowing the judiciary to review decisions, and ultimately change outcomes, of decisions made by elected representatives is undemocratic.This article is about judicial review of administrative action.

The court must be satisfied that there has been a jurisdictional error, an error of procedural fairness, or an error of fact.Judicial review for jurisdictional errors can occur where a decision is The standard of review is the degree of intensity that the courts use on an application for judicial review.The framework for judicial review was revised in Canada (Minister of Citizenship and Immigration) v. Vavilov The rule of law can require that the standard of correctness be applied in regards to constitutional questions, general questions of law of central importance to the whole legal system, and questions regarding jurisdictional boundaries between administrative bodies.

The basic tenet behind this rule is that agencies must be given the opportunity to rectify their mistakes and resolve matters in light of their own policy objectives and priorities before judicial intervention. Broadly speaking, administrative controversies can be classified into justiciable and non-justiciable.

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The Act only has twenty-one sections, but each contains important provisions for applications for judicial review in British Columbia.Other important sections include section 1, which defines the terms and parties included in judicial review, and states that all relevant judicial review must take place in the Supreme Court of British Columbia.Judicial review of administrative actions is a controversial part of Canadian law. “Justiciable controversy” as defined in Black’s Law Dictionary, “is a controversy in which a present and fixed claim of right is asserted against one who has an interest in contesting; rights must be declared upon existing state of facts and not upon state of facts that may or may not arise in future.”The genesis of the doctrine of justiciability is traced back to the U.S.A. Constitution. who can bring an action for judicial review, what the grounds of judicial review are, and the remedies that can be awarded by the court if an action for judicial review is successful. So, in determining whether a particular issue is suitable for judicial review, the court is expected to consider all the factors listed above.As was provided in the above lists, in order to obtain leave/permission to bring an action for judicial review, the applicant must have What about public interest?

The general requirement of standing dictates that in order to invoke judicial review, the complainant must show that the decision in question is one injurious to his/her interest.

For example, in England, if an aggrieved person wants to invoke judicial review, s/he must first seek permission to apply for judicial review. This means, inter alia, that the judiciary should refrain from unduly interfering in matters that are exclusively entrusted to the other organs of the government. In this case, the requirement of ripeness (finality) may not stand valid to preclude judicial review.

In order for the court to proceed with an application for judicial review, the issue being appealed must be public in nature.The court needs to believe that the party making the claim has standing, and that it has jurisdiction to hear the application. At the second stage, however, a more detailed look at the applicant’s ‘standing’ should take place- it then becomes important to examine the merits of the case if the applicants have strong grounds for review, it is more likely that they will be deemed to have the necessary locus standi In determining whether or not the applicant has sufficient interest (locus standi) for judicial review, the general opinion is that the legal and factual circumstances of each case need to be considered criticallyIn short, the purpose of the standing requirements is simply to ‘filter out’ unmeritorious, frivolous or trivial applications, and thereby to save the court time (Cumper, p.298).

For detail, refer to the discussion in the previous section.Another important question may be raised here.

In this regard it is important to reproduce the following landmark cases cited in Cumper’s work:Some attempts at exclusion, however, will never oust the court’s jurisdiction. The person who made the decision based on the decision on the existence of a particular fact, and that fact did not exist andThe grounds of judicial review incorporated under the Australian Administrative Decision (Judicial Review), as listed above, have predominantly common law origin.

In order to invoke judicial review, the case complained of must be ‘ripe for review’.

Some countries allow action by pressure groups such as associations to invoke judicial review on behalf of their members. The grounds for judicial review are broad, but not without limits.

As was discussed earlier, depending upon their administrative organization, agencies may have their own internal grievance/complaint handling avenues.

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