Judicial Control of Public Authorities

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

3
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.

4
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.

5
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

6
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

7
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

8
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

9
Grounds for judicial review

• Illegality - Ultra vires
• Procedural impropriety
• Irrationality

10
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

11
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

12
Irrationality

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