- "Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary."
Covers the role of the courts in reviewing administrative decisions, including the scope of judicial review, the standard of review, and the deference given to administrative decisions.
Introduction to Administrative Law: Understanding the basic concepts of administrative law, including its history, principles, and relationship with the judicial system.
Understanding Judicial Review: An overview of what judicial review is, how it functions, and the different types of judicial review available.
The Scope of Judicial Review: The limits of judicial review, including the extent to which the court can review an administrative decision and the factors that influence the court’s decision.
Grounds for Judicial Review: The legal principles and grounds that underpin judicial review, including errors of law, errors of fact, and procedural defects.
Statutory Interpretation: Understanding how courts interpret statutes, including the use of legislative history, the purposive approach, and the plain language rule.
Natural Justice: The principles of natural justice, including the right to a fair hearing, the right to bias-free decision-making, and the right to reasons.
Procedural Fairness: The duty of administrative decision-makers to provide procedural fairness to those affected by their decisions, including the requirements of notice, hearing, and impartiality.
Remedies: The different types of remedies available in judicial review proceedings, including declarations, injunctions, and damages.
Alternative Dispute Resolution: The use of alternative dispute resolution methods in administrative law, including mediation, arbitration, and negotiation.
Constitutional Law: The relationship between administrative law and the Constitution, including the role of the courts in interpreting and enforcing constitutional rights and freedoms.
Human Rights: The protection of human rights in administrative law, including the Canadian Charter of Rights and Freedoms, international human rights treaties, and common law rights.
Administrative Tribunals: The role and function of administrative tribunals, including their powers, procedures, and accountability.
Municipal Law: The unique features of municipal law, including the relationship between municipalities and other levels of government, and the powers of local government.
Environmental Law: The role of administrative law in protecting the environment, including the duties of government bodies to promote sustainable development and protect the natural environment.
Immigration Law: Administrative law issues in the context of immigration, including the review of decisions made by immigration authorities regarding admissibility, deportation, and residency requirements.
Substantive review: Substantive review refers to the examination of the merits and substance of a decision or legislation made by a public body to determine its reasonableness, fairness, or compliance with established legal standards.
Procedural review: Procedural review involves examining the procedures followed by administrative bodies or courts to ensure that they complied with the required legal standards and fair process.
Rationality review: Rationality review refers to the process by which a court assesses whether a decision made by a public authority is rational and based on logical reasoning.
Reasonableness review: Reasonableness review is a legal principle that requires a court to assess whether a decision or action taken by a public authority is rational, logical, and justifiable.
Wednesbury unreasonableness review: Wednesbury unreasonableness review refers to the standard used by courts to determine whether an administrative decision is so irrational or unreasonable that it exceeds the boundaries of acceptable decision-making.
Competence review: Competence review involves evaluating the mental capacity and competency of an individual involved in legal proceedings.
Jurisdictional review: Jurisdictional review refers to the process by which a court examines its own authority to hear and decide a particular case.
Error of law review: Error of law review is the assessment of decisions made by lower courts or administrative bodies to determine if they correctly interpreted and applied the law.
Jurisdictional fact review: Jurisdictional fact review involves examining whether a decision-maker correctly interpreted and applied the relevant facts to determine its jurisdiction in a legal case.
Proportionality review: Proportionality review in Law and Judicial Review refers to the assessment of governmental actions, to ensure they are necessary and proportionate to achieve a legitimate objective.
Adequacy of reasons review: Adequacy of reasons review in Law and Judicial Review refers to the evaluation of whether the decision-maker has provided sufficient and rational explanations for their decision.
Legality review: Legality review is the examination of the procedural and substantive legality of administrative decisions or actions by the courts.
Ultra vires review: Ultra vires review involves examining the legality of administrative actions or decisions made by public authorities that exceed their legal powers.
Precedent review: Precedent review is the examination and reevaluation of previous court decisions to determine their applicability and relevance to a current case.
Constitutional review: Constitutional review refers to the power of courts to examine and assess the constitutionality of laws and government actions.
Statutory review: Statutory review refers to the process of examining whether a statute or law adheres to the constitution and principles of justice.
Excess of power review: Excess of power review involves determining whether a government body has surpassed the limits of its authority in making a decision or taking action.
Original jurisdictional review: Original jurisdictional review refers to the power of a court to initially hear and decide legal disputes, instead of reviewing decisions made by lower courts.
Appellate jurisdictional review: Appellate jurisdictional review refers to the examination and evaluation conducted by higher courts to determine whether a lower court had the authority to hear a particular case or issue.
Curial deference review.: Curial deference review is a legal principle that requires courts to show deference to the decisions of administrative bodies or tribunals in order to respect their expertise and promote efficiency in decision-making.
- "A court with authority for judicial review may invalidate laws, acts and governmental actions."
- "A court with authority for judicial review may invalidate laws, acts and governmental actions."
- "An executive decision may be invalidated for being unlawful."
- "A statute may be invalidated for violating the terms of a constitution."
- "Judicial review is one of the checks and balances in the separation of powers."
- "The power of the judiciary to supervise the legislative and executive branches."
- "When the latter exceed their authority."
- "The doctrine varies between jurisdictions."
- "The procedure and scope of judicial review may differ between and within countries."
- "Executive, legislative and administrative actions."
- "Executive and legislative branches."
- "The power of the judiciary to supervise the legislative and executive branches."
- "Judicial review is one of the checks and balances in the separation of powers."
- "The power of the judiciary to supervise the legislative and executive branches."
- "An executive decision may be invalidated for being unlawful."
- "A statute may be invalidated for violating the terms of a constitution."
- "Judicial review is one of the checks and balances in the separation of powers."
- "The procedure and scope of judicial review may differ between and within countries."
- "The doctrine varies between jurisdictions."