ADMIN LAW LECTURE 7 + 8: Judicial Review Scope, Amenability, and Remedies

A comprehensive set of flashcards covering key concepts from lectures on Judicial Review, including definitions of various remedies, principles of legality, and criteria for standing and bias.

Judicial Review

A public law remedy that examines the legality of judicial, quasi-judicial, and administrative decisions.

Scope of Judicial Review

Includes District and Circuit Courts; influenced by public/private decision complexities.

Certiorari

A remedy that quashes a decision made after the fact.

Mandamus

An order requiring the performance of a public function or duty.

Prohibition

A remedy that prevents an action before it occurs.

Quo Warranto

Investigates the validity of a public office holder's appointment.

Standing

The requirement for an applicant to demonstrate a sufficient interest in the matter for judicial review.

Locus Standi

A legal term referring to the right to bring an action or to be heard in court.

Bad Faith

A decision-maker must not act dishonestly or with malice; difficult to prove.

Apparent Bias

Bias based on a personal interest in a case, not necessarily financial.

Objective Bias

Exists if a reasonable person might believe that bias is present due to proven circumstances.

Flexible and Cumulative Approach

Maintains that reasonable fairness must be afforded in all circumstances during decision-making processes.

Wednesbury Unreasonableness

A standard which identifies a decision that is so unreasonable that no local authority could ever have reached it.

Legitimate Expectation

The principle that a public authority's representations give rise to an expectation which should be honored.

Irish Legal Test

A two-step test to establish if there were representations leading to an expectation by a public authority.

Regulatory Body Amenability

A body performing public functions may be subject to judicial review even if it does not have statutory authority.