What is judicial review, and what case established it?

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Answer 1

Judicial review is an exercise by which a superior court looks at the actions of an inferior body exercising a judicial or quasi judicial function and considers whether or not it acted properly. For example, all liquor licences are now issued by the local district council. That council must have proper procedures in force for considering applications fairly. If it decided that an applicant could not have a licence without giving him/her the right to be heard, then that would be manifestly unfair and judicial review of the action could lie. This procedure was not established in the UK by case law but under a system of 'prerogative writs' of which habeas corpus is the most famous. Others included mandamus, certiorari and prohibition. The are known as discretionary remedies - i.e. the Court issued the writ in its discretion, it has the power to refuse. Under the Civil Procedure Rules these writs were abolished (other than habeas corpus) and are now known as mandatory, quashing and prohibitory orders respectively.

Answer 2

Take a look for information on Marbury v. Madison. It is the first case that established the principle that what the Executive Branch does is subject to review by the Judiciary

Answer 3

In English regulation, a judicial overview is an action extra interior the intense courtroom to study the selections of decrease courts, tribunals, and administrative bodies. Following the listening to 2 forms of precendent could consequence; binding precedent or persuasive presedent. Persuasive precedents comprise (a million) Courts decrease interior the hierarchy overturned on the data of the case extremely than a factor of regulation; (2) Obiter dicta statements and (3) A dissenting judgment. Binding precendent is the place a factor of regulation or prepare is clarified. the reward of judical overview precedents are actuality, consistency and fairness: hazards; rigidity, complexity, Illogical differences and slowness.

Answer 4

The review of administrative action by an action or proceeding in court.

An administrative action is done by an officer, board, commission, office, or department exercising administrative authority. 1 AmJur2d Adm L Sec. 8 (AmJur is a legal encyclopedia.)