Judicial Control of Public Authorities

Judicial Review Judicial Review – the power of a court to review a statute, or an official action or inaction, for constitutionality

Judicial Review in the USA The Supreme Court exercises the power of judicial review, whereby it can declare acts of Congress or the state legislatures unconstitutional. Executive, administrative, and judicial actions also are subject to review by the court. The doctrine of judicial review is not mentioned explicitly in the Constitution; instead, it was articulated by Marshall in Marbury v. Madison (1803), in which the court struck down part of the Judiciary Act of 1789.

Marbury v. Madison This case resulted from a petition to the Supreme Court by William Marbury, who had been appointed by President John Adams as Justice of the Peace in the District of Columbia but whose commission was not subsequently delivered. Marbury petitioned the Supreme Court to force Secretary of State James Madison to deliver the documents, but the court, with John Marshall as Chief Justice, denied Marbury's petition, holding that the part of the statute upon which he based his claim, the Judiciary Act of 1789, was unconstitutional. Marbury v. Madison was the first time the Supreme Court declared something "unconstitutional," and established the concept of judicial review in the U.S. (the idea that courts may oversee and nullify the actions of another branch of government). The landmark decision helped define the "checks and balances" of the American form of government.

Powers of the court The court has power to strike down a statute, overturn an official action, or compel an official action, if the court believes the constitution so requires

Violation of basic principles of justice Courts also have authority to strike down constitutional statutes for violation of basic principles of justice or for contrariness to principles of a free and democratic society

Proceedings in the UK The High Court is asked to review the lawfulness of a decision or action of a public body Judicial review can only be brought by a person or organisation who has sufficient interest in the decision (direct challenge and challenge in collateral proceedings) It is not an appeal on the merits of the decision Can be used only when all appropriate remedies have been exhausted

The purpose of judicial review The point is to put right a bad decision rather than to get compensation A successful action will not result in an award of damages

Grounds for judicial review Illegality - Ultra vires Procedural impropriety Irrationality

Ultra vires Illegal decision or action – the body has acted beyond the powers available to it The principle of “ultra vires” is the starting point Powers of public authorities are always limited If the authority steps outside these limits, its action will be unlawful and the courts will intervene

Procedural impropriety Fairness – an unfair decision or action A failure in the process of reaching the decision, such as not observing the “rules of natural justice”

Irrationality A decision is so unreasonable that no sensible person could have reached it