Judicial Reviw Flashcards
(8 cards)
What are the types of appeal?
- Internal appeals from the decision of a tribunal or official to a
superior departmental official or to the Minister concerned. - Appeals to a national control body where an administrative system
operates under the overall supervision of such a body. - Appeals to an administrative tribunal specially created to hear
administrative appeals. (such as licensing boards,
town planning appeal boards) - Appeals to special courts presided over by judges,
often assisted by expert assessors - Appeals to the ordinary courts
What are the types of review?
- Review of proceedings of inferior courts
- Automatic review
- Judicial review in the constitutional sense
- Judicial review in the administrative law sense
- Special statutory review
What is judicial review in the constitutional sense?
The power of the courts to apply the Constitution directly and declare unconstitutional any type of legislation or conduct that infringes on rights in the BoR
What is judicial review in the administrative-law sense?
Powers of the courts to scrutinise and set aside decisions of
administrative officials and agencies [via PAJA (public power)] or and if it is administrative but PAJA is not applicable for whatever reason, then by the common law (private power) or sec 1(c) of the Constitution (public power) – ie: legality review.
What is judicial review?
The way in which the right to just administrative action can be enforced.
What is the effect of judicial review?
If a decision is a violation of ANY of the grounds
of review listed in PAJA [sec 6], the court can
make any of a number of possible orders to
rectify the situation:
– An order declaring the administrator’s decision invalid
– Ordering the administrator to reconsider the decision
– Replacing the decision with the court’s own decision;
and
– Ordering the government to pay damages to the
affected person
What does Bato Star Fishing v Minister of Environmental Affairs deal with?
Purpose of section 6.
What is the holding Bato Star Fishing v Minister of Environmental Affairs?
Section 6 of PAJA codifies the grounds for review. Judicial review now mostly comes from PAJA, not common law, and PAJA is based on section 33 of the Constitution.
