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JUDICIAL REVIEW OF ADMINISTRIATIVE DECISIONS – A BACKGROUND PAPER
Author(s) -
BOYNTON JOHN
Publication year - 1986
Publication title -
public administration
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.313
H-Index - 93
eISSN - 1467-9299
pISSN - 0033-3298
DOI - 10.1111/j.1467-9299.1986.tb00612.x
Subject(s) - statutory law , appeal , judicial opinion , plaintiff , judicial review , law , political science , irrational number , public interest , common law , law and economics , sociology , geometry , mathematics
Judicial review is now the normal route for anyone seeking to challenge an administrative decision, unless there is a separate statutory right of appeal as for example in town planning matters. Grounds for challenge have been variously described by the courts but include (a) that the decision was wrong in law, (b) that it was unreasonable or irrational and (c) that there was procedural unfairness. Those who seek review must understand that the court will not substitute its own view for that of the decision taker. The adequacy of the remedy of judicial review has been challenged by some on the grounds that leave to proceed has to be sought from the court within three months. There is too the difficulty in some cases of establishing that the plaintiff has a sufficient interest to sue. Whilst it is too early to talk of a distinct body of public as opposed to private law, recent decisions have widened the concept of public law and have interpreted the circumstances in which a private right may be pursued against a public authority.