okay in this video I want to take a look at judicial review in Ireland judicial
review is something that I haven't had much experience with but from time to
time people come to me looking to bring some sort of judicial review I'll have a
look at it in this video and look at the essentials judicial review is a
collection of remedies of the High Court and Supreme Court it gives these courts the
power to declare that legislative and executive actions are null and void if
they are contrary to the Constitution there's an element of public law about a
judicial review so there must be that public law dimension to criteria applied
to test this public law aspect one is the source of power that has been
challenged based on statute or delegated legislation - 2 if so what is the function
of the body whose decision is being challenged so this would not be
appropriate in a private law situation where you may be in an employment
situation or you may be involved in some private contract with somebody else the
judicial review would not be appropriate - it must be a public law element - if you
bring in a judicial review application core aspect of this review is the power
of the High Court and Supreme Court to exercise supervisory jurisdiction over
the legality of decisions of the district and circuit courts public
bodies tribunals and related persons the courts it must be noted are not
concerned with the merits of the decision taken they are only concerned
with the manner in which the relevant body has exercised its decision-making
power for this reason it is worth noting that it is not an appeal process it's to
do with the way that the public body has arrived at its decision and whether
constitutional rights have been affected so the whole question of natural justice
or constitutional justice is important it's a central tennant of
common-law and the Irish Constitution that a public body is to comply with the
requirements of fairness fairness in its dealings fairness is a fundamental
component of natural or constitutional justice thus lack of fairness if that
occurs is a ground for judicial review other grounds for judicial review
include reasonableness or lack of it in this context reasonableness is the
common-sense and fundamental reason being applied to a particular decision
and arriving at a decision making or engaging in a decision-making process
another ground for judicial review is legitimate expectation this may arise
where a promise has been given by a public body or where a regular practice
exists which the claimant can reasonably expect to continue that is custom and
practice another ground for a judicial review application is proportionality
that is where restrictions are imposed by legislation proved to be
disproportionate visa vie a person's constitutional rights so this would also
give grounds for a judicial review it's important that the person who is
bringing the application for judicial review must be able to show sufficient
interest in other words if they don't have interest if they're simply a sort
of a nosy Parker and don't have sufficient interest then they won't be
allowed to bring their judicial review application to remedies then arising
from it the first thing to be aware of is that judicial review is a
discretionary remedy and the courts the Supreme Court and the High Court have a
great degree of discretion in this regard one of the remedies is certiorari
this is generally used where a public body has acted beyond its powers or
contrary to its duty prohibition is another remedy it is sought to prevent
a public body from acting ultra variance that is beyond its powers and is similar
to looking for an injunction to prevent a public
body from taking a certain course of action mandamus then is an order from the
High Court directed to a public body to perform a duty of a legal nature that
could be for example in relation to providing accommodation for a family or
for a child or for somebody in in custody or something of that nature
section 50 of the Planning and Development Act of 2000 also provides
for a judicial review type procedure in planning matters and decisions of a
planning authority it's more restrictive than the ordinary judicial review
because the application must be brought within eight weeks of the decision that
is being challenged I hope you find this video useful if you do give it the thumbs
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