Judicial Control of Public Authorities

Judicial Review

Judicial Review – the power of a court to review a statute, or an official action or inaction, for constitutionality

Judicial Review in the USA

The Supreme Court exercises the power of judicial review, whereby it can declare acts of Congress or the state legislatures unconstitutional.

Executive, administrative, and judicial actions also are subject to review by the court.

The doctrine of judicial review is not mentioned explicitly in the Constitution; instead, it was articulated by Marshall in Marbury v. Madison (1803), in which the court struck down part of the Judiciary Act of 1789.

Marbury v. Madison

This case resulted from a petition to the Supreme Court by William Marbury, who had been appointed by President John Adams as Justice of the Peace in the District of Columbia but whose commission was not subsequently delivered.

Marbury petitioned the Supreme Court to force Secretary of State James Madison to deliver the documents, but the court, with John Marshall as Chief Justice, denied Marbury's petition, holding that the part of the statute upon which he based his claim, the Judiciary Act of 1789, was unconstitutional.

Marbury v. Madison was the first time the Supreme Court declared something "unconstitutional," and established the concept of judicial review in the U.S. (the idea that courts may oversee and nullify the actions of another branch of government). The landmark decision helped define the "checks and balances" of the American form of government.

Powers of the court

The court has power to strike down a statute, overturn an official action, or compel an official action, if the court believes the constitution so requires

Violation of basic principles of justice

Courts also have authority to strike down constitutional statutes for violation of basic principles of justice or for contrariness to principles of a free and democratic society

Proceedings in the UK

The High Court is asked to review the lawfulness of a decision or action of a public body

Judicial review can only be brought by a person or organisation who has sufficient interest in the decision (direct challenge and challenge in collateral proceedings)

It is not an appeal on the merits of the decision

Can be used only when all appropriate remedies have been exhausted

Direct challenge

The object of the proceedings is to impugn some act of the administration, or in case of failure to act, to require action to be taken

Challenge in collateral proceedings

The immediate purpose of the proceedings is different, and the validity of the administrative act arises incidentally

The purpose of judicial review

The point is to put right a bad decision rather than to get compensation

A successful action will not result in an award of damages

Grounds for judicial review

Illegality - Ultra vires Procedural impropriety Irrationality

Ultra vires

Illegal decision or action – the body has acted beyond the powers available to it

The principle of “ultra vires” is the starting point

Powers of public authorities are always limited

If the authority steps outside these limits, its action will be unlawful and the courts will intervene

Procedural impropriety

Fairness – an unfair decision or action

A failure in the process of reaching the decision, such as not observing the “rules of natural justice”

Irrationality

A decision is so unreasonable that no sensible person could have reached it

Summarising

Read Unit 34; Find a topic sentence in each

paragraph; Write a short summary of the text;

make sure to include an introductory statement and a conclusion!

Sample abstract (summary)

 The article analyses judicial control of public authorities, as the power of public authorities is always limited.

If the authority steps outside these limites it will be acting beyond their powers (ultra vires): its action will be unlawful and the couirts will intervene. The courts have built up a body of judge-made law which is deemed to apply to all public authorities unless it is clearly and expressly excluded by the relevant legislation. There are two ways in which a remedy may be obtained: by a direct challenge (the object oft he proceedings is to impugn some act oft he administration) and a challenge in collateral proceedings (the immediate purpose of the proceedings is soething different, and the validity oft he aministrative act arises incidentally).

Thus judicial review is the means of ensuring that the will of Parliament is obeyed.

Suggested key words

Key words: judicial control, courts, public authorities, ultra vires, direct challenge, challenge in collateral proceedings

Thank you for your attention!