“The liberties of our country, the freedom of our civil constitution, are worth defending against all hazards and it is our duty to defend them against all attacks”.
– Samuel Adams Political Philosopher
What is Judicial Review?
Judicial Review refers to the Court’s authority to examine any decision by an administrative body or legislative act and to invalidate it if it is contrary to constitutional or justice principles.
The Judicial Review process is concerned primarily with the process involved in the decision-making rather than dealing with a re-hearing of the substance of the matter concerned.
This is a complex area of law and generally involves decisions that have been of such a fundamental nature to the individual concerned that the matter concerned is one of a quest for justice.
The Judicial Review application may relate to public decisions of administrative bodies, in addition to those of the courts such as decisions of tribunals, state agencies – including those relating to planning permission or environmental assessments, decisions relating to social welfare as well as decisions that may have already been made by other judges.
Very strict deadlines can apply and time limits and as such early and comprehensive advice is crucial.
SEEKING A JUDICIAL REVIEW: THE PROCESS
There is a two-step approach to seeking a Judicial Review. Firstly, you must apply to the High Court seeking permission to bring a Judicial Review. This is done without the other side present and then secondly, if successful, the Judicial Review proper can proceed once the other party have been put on notice.
Who can Judicial Review be taken against and what decisions can be reviewed?
Common amongst organisations that Judicial Reviews are taken against include:
- The State
- Government Departments
- Government Ministers
- District and Circuit Court Decisions
- Inquest verdicts
- Decisions relating to planning permission/concerning the environment
- Deductions from army pensions
- Discharge of a member of the defence forces
- Disqualification from receiving social welfare payments
- Semi State Bodies
- Local Authorities
- Decision-making Tribunals
HOW DO I WIN MY CASE?
In order to have a decision overturned you must show that;
- the body in question has acted outside of its powers and because of this had no legal authority to make the decision in the first place and/or
- the body in question made a legal error in arriving at its decision and/or
- the basic elements of natural justice have not been followed and/or
- there is clear evidence of bias and/or
- the body in question acted fraudulently.
You can be assured that your enquiry will be handled sensitively and compassionately in absolute confidence by a member of our expert team.
Our experienced team are dedicated to making sure that you receive the highest standard of client care and legal advice to result in the best outcome for you, the client.
We believe it is important to;
- provide clarity and excellence in service
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