Judicial Review Proceedings Essay

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Judicial Review Proceedings

Introduction ============

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

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