Jump to main content

Judicial Review

Print this page

What is a judicial review?

Judicial review is a procedure in which the Courts provide remedies against the abuse of the executive power of the State and public bodies. It allows the High Court and the Supreme Court to firstly strike down legislation deemed unconstitutional and secondly to supervise public authorities in the exercise of their powers.

Who can apply for a judicial review?

A person who feels that a decision of a public authority, such as a government minister, the District or Circuit Court, a semi-state body, the local council or a statutory tribunal has violated his or her rights, may apply to the High Court for judicial review of the decision. In looking at the decision the courts are principally concerned about the manner in which the decision-making person or body has exercised the relevant power in making the decision rather than the merits of the decision itself. It is not an appeal process and the court does not substitute its opinion for that of the public authority.

Classic grounds for a judicial review

Classic grounds for Judicial Review are:

  • Breach of Natural and Constitutional Justice i.e. 'the rule against bias', and the requirement to 'hear the other side';
  • Reasonableness i.e. Did the public authority abuse its jurisdiction? Does their decision offend against fundamental reason and common sense
  • Legitimate Expectation i.e. of receiving a benefit or privilege which arises either from an express promise given on behalf of a public authority or the existence of a regular practice which an individual can reasonable expect to continue.
  • Proportionality e.g. Are restrictions imposed by legislation in the context of constitutional rights disproportionate and therefore invalid?

Remedies

If the application for judicial review is successful, there are a number of discretionary remedies available:

  • Certiorari i.e. the Court may set aside (quash) the unlawful act
  • Prohibition i.e. the Court prohibits the public authority from acting unlawfully
  • Mandamus i.e. the Court compels the public authority to perform a legal duty of a public nature
  • Damages

Proceedings

There are two stages in proceedings for judicial review;

  1. firstly leave to apply for judicial review (ex parte)
  2. secondly, where leave is granted, the substantial application is heard.

Time Limit

An application for leave must be made promptly and in any event within three months from the date when grounds for the application first arose or six months where the relief sought is certiorari unless the Court considers there is good reason for granting an extension. In relation to planning decisions this time period is reduced to eight weeks.

Seeking Judicial Review Advice

For further information please contact Malcomson Law by calling 01 8744422 or complete an Online Enquiry Form. A solicitor who specialises in this area will contact you to advise you of your legal rights and entitlements.