What is Judicial Review?

Question

Please can anyone please explain exactly what is Judicial review in relation to English Civil Law?

Answer 1

* The authority of a court to review the official actions of other branches of government. Also, the authority to declare unconstitutional the actions of other branches.
brandonlclark.com/glossary.html

* any interested party, including third party interests, may seek leave to have a planning application decision quashed by the High Court on the basis that the decision was unlawfully made. It is not for the court to reconsider the planning merits, but to review whether, in coming to its decision, the council followed all the necessary procedures, and took into account all material considerations, including third party opinions. ...
www.eastherts.gov.uk/pp/PlanningDictionary.htm

* The doctrine that permits the federal courts to declare unconstitutional, and thus null and void, acts of the Congress, the executive, and the states. The precedent for judicial review was established in the 1803 case of Marbury v. Madison.
www.nmlites.org/standards/socialstudies/glossary.html

* The power of a court to rule laws unconstitutional and therefore null and void.
en.wikibooks.org/wiki/Civics_Glossary

* An appeal from administrative agencies or tribunals is known as judicial review, a process where a court of law is asked to rule on the appropriateness of the administrative agency's or tribunal's decision. Judicial review is a fundamental principle of administrative law. A judicial review is not usually limited to errors in law but may be based on alleged errors on the part of the administrative agency on findings of fact.
www.leanlegal.com/dictionary/jk.asp

* The power of courts to declare laws and executive actions unconstitutional.
www.crfonline.org/orc/glossary/j.html

* Judicial review is the oversight by the courts of the decisions and processes of local land use agencies. It is governed by special statutory provisions that limit both actions against governmental bodies, in general, and against local land use decisions, in particular. The applicable rules of judicial review depend on the type of local body that is involved and the type of action that is challenged. ...
www.nymir.org/zoning/Glossary.html

* Judicial review is different from an appeal on the merits of the case. The Federal Court of Canada will allow an application for judicial review of a decision, where the applicant shows, for example, that the decision under review contains an error of law or of fact, or that a principle of natural justice has been breached.
www.irb-cisr.gc.ca/en/about/publications/pamphlet/glossary_e.htm

* The power of the courts to declare acts of the legislature and of the executive to be unconstitutional and hence null and void. logrolling Mutual aid among politicians, whereby one legislator supports another's pet project in return for the latter's support of his. The expression dates from the days when American pioneers needed help from neighbours in moving logs off of land to be farmed.
www.york.ac.uk/depts/poli/fymoduleg/polia7.htm

* The judge will usually set a date (from three to six months) to review the case and the progress that is being made. DCF shall report on how well the parents are meeting the expectations that were set by the court at the Dispositional Hearing and what long-range, permanent plans have been developed for the child/youth.
www.state.ct.us/dcf/Policy/court46/46-3-12.htm

* In unfair trade cases, a mechanism for parties to a case to appeal a finding of subsidization, dumping, or injury to a court of law in the importing country.
www.itcdonline.com/introduction/glossary1_ghij.html

* The power of a court to declare void and unenforceable any statute, rule or executive order that conflicts with an appropriate state constitution or the federal constitution.
highered.mcgraw-hill.com/sites/0072492171/student_view0/glossary.html

* a feature of the United States Constitutional system set forth in Marbury v. Madison in which the Supreme Court of the United States may declare an action of the executive or legislative branches unconstitutional
www.doe.nv.gov/standards/standss/history-standards/histgloss.html

* The power of a court to judge the constitutionality of the laws of a government or the acts of a government official.
hrsbstaff.ednet.ns.ca/waymac/Sociology/A%20Term%202/Simulation%20on%20Governments/glossary_of_american_terms.htm

* review by a court of law of actions of a government official or entity or of some other legally appointed person or body or the review by an appellate court of the decision of a trial court
wordnet.princeton.edu/perl/webwn

* Judicial review is the power of a court to review a law or an official act of a government employee or agent; for example, although the basis is different in different countries, as unconstitutional or violating of basic principles of justice. ...
en.wikipedia.org/wiki/Judicial_review

Answer 2

Judicial review is a form of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body. It is a challenge to the way in which a decision has been made. It is not really concerned with the conclusions of that process and whether those were ‘right’, as long as the right procedures have been followed. The court will not substitute what it thinks is the 'correct' decision. This may mean that the public body will be able to make the same decision again, so long as it does so in a lawful way. If you want to argue that the decision was incorrect, judicial review may not be best for you. You should look at the alternative remedies

Answer 3

By definition, when a higher body hears a case originating from a lower body - e.g. an appeal.

For example, in MD, a convicted person can ask a 3 judge panel to review a sentence to ensure that the sentence is legal.

The Supreme Court is the highest level of Judicial Review as it listens to cases from both Federal and State Appeallate Courts.

Answer 4

I have been a claimant in a judicial review. It is where an individual with locus standi (suficient interest ie person affected by the action/decision) can ask the High court to consider the actions of a public body and rule if they are unconstitutional. They will be so if they are either erroneous, beyond the powers invested in the public body, procedurally unfair or irrational or unreasonable (aka wednesbury unreasonable). The case could go to court of appeal and even House of Lords as mine did. Beware though, there is no legal aid available and it is very expensive. Ask a solicitor for a FREE consultation to assess your case. Prepare you questions in advance as they will only give you a limited amount of time free. Hope this helps. If you are unsure contact me direct.

Answer 5

Judicial review is the ability to deem an action committed by the government as unconsitutional.

So I'm guessing that it's judging an action committed by the English government as unconstitutional or constitutional.

Answer 6

Judicial review is the trial of the case involving a legislative act wherein a citizen assail it for being unconstitutional, against morals or public order.

Answer 7

Judical review is when a judge reviews a decision made, to see whether it is legal or not. If you take any land law book out of the library it will explain it in much more detail. I suggest a book by Steiner and Woods - Land law

Answer 8

Judicial review is a remedy sought by a complainant who is unhappy with the decisions or actions of a public body. This remedy is usually sought in the high court.
The high court is empowered to declare actions unlawful or unconstitutional or contrary to natural justice.

Answer 9

A court hears a case about a law and decides whether or not this law is grans authority beyond the scope of what is acceptable based on past-precedent in the law or the legal parameters that the legislature can pass laws on.

Answer 10

Court studies.