Judicial Review Proceedings Essay

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Judicial Review Proceedings


Judicial review proceedings exist to ensure that lower courts and
administrative bodies do not act beyond or at variance with their
inherent powers. If they do act in such a way, the reviewing court[1]
will take action to rectify. Where discretionary powers given to
administrative bodies are abused, the court will usually grant an
order of certiorari quashing the decision.

Generally, this will only be done if some aspect of the decision
making process is corrupt and not because the court merely disagrees
with the conclusion arrived at[2]. If the decision is set aside, then
the facts of that particular case have cumulated in the
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Does the threshold of intervention vary at present?

- in Ireland

The standard of unreasonableness required in Ireland to reach the
threshold of intervention was confirmed by Denham J in the Supreme
Court decision of Bailey v Flood[4], as that '…laid down by this court
in The State (Keegan) v. Stardust Victims Compensation Tribunal and
O'Keefe v. An Bord Pleanala'. In the former case Henchy J stated that
for the threshold of intervention to be reached, the decision must '…
plainly and unambiguously fl[y] in the face of fundamental reason and
common sense'. Finlay CJ in O'Keefe added to this

'The Court cannot intervene with the decision of an administrative
decision-making authority merely on the grounds that

(a) It is satisfied that on the facts as found it would have raised
different inferences and conclusions, or

(b) It is satisfied that the case against the decision made by the
authorities was much stronger that the case for it.'

There was also the additional stringent requirement set out in this
case by Finlay CJ that in order to intervene it would be necessary to…