1. Judicial Control of Public Authorities

2. Judicial Review  Judicial Review – the power of a court to review a statute, or an official action or inaction, for constitutionality  Judicial review – sudska revizija, sudska kontrola, nadzor nad zakonitošću

3.  The power to review actions taken by administrative bodies lies in the hands of the courts  This is referred to as judicial review – challenging the validity of administrative acts/decisions

4. Judicial review in the UK  Jurisdiction for judicial review of decisions issued by public authorities:  the Administrative Court (set up within the High Court of Justice, Queen’s Bench Division)

5. 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.

6. 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

7. 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

8. 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

9. Direct challenge  The object of the proceedings is to impugn some act of the administration, or in case of failure to act, to require action to be taken  to impugn - osporiti

10. Challenge in collateral proceedings  The immediate purpose of the proceedings is different, and the validity of the administrative act arises incidentally

11. 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

12. Grounds for judicial review  Illegality - Ultra vires  Procedural impropriety  Irrationality

13. 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

14. 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”

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

16. Summarising  Read Unit 34;  Find a topic sentence in each paragraph;  Write a short summary of the text; make sure to include an introductory statement and a conclusion!

17. Sample abstract (summary)  The article analyses judicial control of public authorities, as the power of public authorities is always limited.  If the authority steps outside these limits it will be acting beyond their powers (ultra vires): its action will be unlawful and the courts will intervene. The courts have built up a body of judge- made law which is deemed to apply to all public authorities unless it is clearly and expressly excluded by the relevant legislation. There are two ways in which a remedy may be obtained: by a direct challenge (the object oft he proceedings is to impugn some act oft he administration) and a challenge in collateral proceedings (the immediate purpose of the proceedings is something different, and the validity of the aministrative act arises incidentally).  Thus judicial review is the means of ensuring that the will of Parliament is obeyed.

18. Suggested key words  Key words: judicial control, courts, public authorities, ultra vires, direct challenge, challenge in collateral proceedings

19. Thank you for your attention!