1. JUDICIAL CONTROL OF PUBLIC AUTHORITIES
Unit 34

2. Judicial review
A review by a higher court of the actions of a lower court or of an administrative body

3. Judicial Review
The principle means by which the High Court exercises supervision over public authorities in accordance with the doctrine of ultra vires
The power of the High Court to exercise judicial review – supervisory jurisdiction

4. Administrative powers
powers of an executive nature conferred by legislation on government ministers, public and local authorities etc. for the purpose of giving effect to broadly defined policy

5. Administrative powers: examples
Powers to acquire land compulsorily, to grant or refuse licenses, to determine the precise nature and extent of services to be provided

6. Administrative powers
in every sphere of public administration: town and country planning, regulation of public health, environmental matters, welfare services, control of trades, professions and other activities
Their exercise – subject to judicial control by means of the doctrine of ultra vires

7. Ultra vires “beyond the powers”
An act by a public authority, company, or other body that goes beyond the limits of the powers conferred on it
Ultra vires acts: invalid

8. Ultra vires
The exercise of administrative power is ultra vires not only if unauthorized in substance, but equally if it is procedurally irregular, improperly motivated, or in breach of the rules of natural justice

9. Ultra vires doctrine
Applies to all powers, whether created by statute or by a private document or agreement (trust deed, contract of agency)
In the field of public (administrative) law governs the validity of all delegated and subdelegated legislation

10. Delegated legislation
Legislation made under powers conferred by an Act of Parliament
The bulk of delegated legislation - governmental
Also: made by a variety of bodies outside central government, e.g. by-laws, the Rules of the Supreme Court, codes of conduct of professional bodies

11. By-law
A form of delegated legislation made principally by local authorities
Not subject to any form of parliamentary control but take effect if confirmed by a government minister
Subject to judicial control by means of the doctrine of ultra vires

12. Subdelegated legislation
Legislation made under powers conferred by delegated legislation or by subdelegated legislation itself
The parent Act authorizes a minister to make regulations and these in turn authorize others to make orders
Not subject to parliamentary control but subject to judicial control by means of the doctrine of ultra vires

13. Ultra vires
Delegated and subdelegated legislation is ultra vires not only if it contains provisions not authorized by the enabling power but also if it does not comply with any procedurel requirement regulating the exercise of the power

14. Ultra vires doctrine
Governs the validity of decisions made by inferior courts or administrative or domestic tribunals and the validity of the exercise of any administrative power

15. Ultra vires
Acts by a registered company are ultra vires if they exceed the objects clause of the memorandum of association

16. The mechanism for seeking judicial review
By making a claim to the Administrative Court
Common law grounds on which judicial review may be granted:
illegality,
Irrationality
Procedural impropriety

17. Irrationality
Public authorities are never empowered to exercise their powers irrationally
Irrational action by a public authority is considered to be ultra vires

18. Procedural impropriety
A failure on the part of a public authority to act in accordance with the requirements of procedural fairness and in compliance with the common-law rules of natural justice

19. Natural justice
Rules of fair play, originally developed by the courts of equity and extended to apply equally to decisions of administrative and domestic tribunals and any authority exercising administrative power that affects a person’s status, rights, or liabilities
Any decision reached in contravention of natural justice is void as ultra vires

20. Rules of natural justice
Rule against bias (nemo iudex in causa sua): any decision is invalid if made by a person with any financial or any other interest in the outcome or any bias that might affect his impartiality

21. Rules of natural justice
Audi alteram partem: hear the other side
A decision cannot stand unless the person affected by it was given a fair opportunity both to state his case and to know and answer the other side’s case
Rules of natural justice provide the minimum standard of procedural fairness

22. Judicial Review
May be used to challenge action by public authorities that is incompatible with the European Convention on Human Rights

23. Results
If the claim for judicial review is successful, the court may grant:
Quashing order
Mandatory order
Prohibiting order
Declaration
injunction

24. Quashing order
An oder obtained by an application for judicial review in which the High Court orders decisions of inferior courts, tribunals and administrative authorities to be brought before it and quashes them if they are ultra vires or show an error of law (certiorari)

25. Quash
To invalidate a conviction made in an inferior court or to set aside a decision subject to judicial review

26. Mandatory order
An order available on application for judicial review from the High Court, requiring an inferior court, tribunal or other public body to perform a specific duty relating to its responsibilities (mandamus)

27. Prohibiting order
An oder obtained by an application for judicial review in which the High Court orders decisions of inferior court, tribunal or public authority not to carry out an ultra vires act

28. Declaration
A remedy involving a finding by the High Court as to a person’s legal status, rights, or obligations
Cannot be directly enforced
The applicant must show standing, i.e. that the issue affects him directly

29. Injunction
A remedy in the form of a court order addressed to a particular person that either prohibits him from doing a certain act or orders him to carry out a certain act

30. Remedies
Direct challenge
Challenge in collateral proceedings

31. Direct challenge
To impugn some act of the administration, or in the case of failure to act, to require action to be taken

32. Collateral proceedings
The purpose of the proceedings is different and the validity of the administrative act arises incidentally

33. Example
A local authority makes a by-law that is thought to be invalid: two choices
1) to go to court and ask to have it declared invalid (direct challenge),
or:

34. Example
2) ignore it and wait for the local authority to take enforcement proceedings
If he is charged with a breach of the by-law, he can claim that it is invalid
The court will have to determine its validity before it can decide whether he has committed an offence

35. Remedies
In many circumstances an opportunity to challenge an administrative act in collateral proceedings will not arrise
A direct challenge – the only possibility

36. Legal terms Judicial review
Nadzor nad zakonitošću; sudska kontrola, sudska revizija
Judicial Review Act
Zakon o vođenju postupka protiv protiv javnih tijela i službenika
Judicial review proceeding
Upravni spor o zakonitosti odluke

37. Legal terms Supremacy Najviša vlast, nadmoć, primat
Statutory interpretation
Zakonsko tumačenje
Remedy
Pravni lijek
By-law
Podzakonski akt, propis, uredba, lokalni propis

38. Legal terms Commit an offence Počiniti kazneno djelo Impugn /im’pju:n/
Osporiti, opovrgnuti, dovesti u pitanje

39. Fill in the missing words: annul, constitution, executive, governmental, Judicial, judiciary, jurisdictions, procedure, separation
___review is the power of the courts to___ the acts of the _____ and/or the legislative power where it finds them incompatible with a higher authority, such as the terms of a written___. Judicial review is an example of the functioning of ____of powers in a modern governmental system (where the ___ is one of several branches of government). This principle is interpreted differently in different___, which also have differing views on the different hierarchy of ___norms. As a result, the ___ and scope of judicial review differs from country to country and state to state.

40. Key
Judicial review is the power of the courts to annul the acts of the executive and/or the legislative power where it finds them incompatible with a higher authority, such as the terms of a written constitution. Judicial review is an example of the functioning of separation of powers in a modern governmental system (where the judiciary is one of several branches of government). This principle is interpreted differently in different jurisdictions, which also have differing views on the different hierarchy of governmental norms. As a result, the procedure and scope of judicial review differs from country to country and state to state.

41. administrative, courts, delegated, disputes, governmental, implemented, public, review
Most modern legal systems allow the courts to review ___acts, i.e. individual decisions of __body, e.g. a decision to grant a subsidy or to withdraw a residence permit. Certain ___systems, most notably in France and Germany, have ___a system of administrative___, that are charged exclusively with deciding on ___between the members of the public and the administration. In other countries, e.g. the United Kingdom and the Netherlands, judicial __is carried out by regular civil courts, although it may be ____ to specialized panels within these courts, such as the Administrative Court within the High Court of England and Wales.

42. Key
Most modern legal systems allow the courts to review administrative acts, i.e. individual decisions of public body, e.g. a decision to grant a subsidy or to withdraw a residence permit. Certain governmental systems, most notably in France and Germany, have implemented a system of administrative courts, that are charged exclusively with deciding on disputes between the members of the public and the administration. In other countries, e.g. the United Kingdom and the Netherlands, judicial review is carried out by regular civil courts, although it may be delegated to specialized panels within these courts, such as the Administrative Court within the High Court of England and Wales.

43. constitutional, constitutionality, forbids, legislation, sovereignty, state, statutes
In American legal language, the term "judicial review" usually refers to the review of the ___of legislation by both federal and ___courts, such as the Supreme Court of the United States. However, many legal systems specifically do not allow any review of primary___, passed by parliament. In the UK, ___cannot be set aside under the doctrine of parliamentary. ___Another example is the Netherlands, where the Constitution expressly ___the courts to rule on the question of constitutionality of primary legislation.Many countries whose constitutions do provide for a review of primary legislation on compatibility with the constitution, have established special ___courts that have the exclusive authority to deal with this issue

44. Key
In American legal language, the term "judicial review" usually refers to the review of the constitutionality of legislation by both federal and state courts, such as the Supreme Court of the United States. However, many legal systems specifically do not allow any review of primary legislation, passed by parliament. In the UK, statutes cannot be set aside under the doctrine of parliamentary sovereignty. Another example is the Netherlands, where the Constitution expressly forbids the courts to rule on the question of constitutionality of primary legislation.Many of the countries whose constitutions do provide for a review of primary legislation on compatibility with the constitution, have established special constitutional courts that have the exclusive authority to deal with this issue