Judicial Review Concepts and Cases

The decision of a prison governor to impose a disciplinary award. = Review of decisions within public administration The decision of the Law Society to discipline a lawyer. = Judicial review of decisions by non-governmental bodies The refusal by the government to renew a sea-fishing licence. = Judicial review of ministerial decisions The decision of a local authority to impose charges for connecting to their sewers. = Judicial review of decisions at all levels of government

State (Hughes) v Neylon (1982) = The right to be tried by a jury drawn from a particular locality is not absolute. Irish Times Ltd v Ireland (1998) = Restrictions on reporting of criminal trials must be justified by evidence of a real risk to a fair trial. State (McCormack) v Curran (1987) = The decision of the Director of Public Prosecutions (DPP) to prosecute or not is reviewable by the courts. H v Director of Public Prosecutions (2000) = The DPP is not required to provide reasons for their decision not to prosecute.

Certiorari = Quashing a decision made without jurisdiction or in excess of jurisdiction. Prohibition = Preventing a court or tribunal from proceeding with a matter outside its jurisdiction.

<p>Mala fide = Acting in bad faith or with improper motives. Abdicating functions = Failing to perform a statutory duty. Improper motive = A motive that is not legitimate or justified.</p> Signup and view all the answers

<p>Director of Public Prosecutions (DPP) = Deciding whether or not to prosecute criminal offenses. Circuit Court = Trying criminal offenses and hearing civil cases. High Court = Reviewing decisions of lower courts.</p> Signup and view all the answers

<p>Article 34.1 of the Constitution = Ensures public access to the administration of justice. Article 40.6.1 of the Constitution = Guarantees freedom of expression.</p> Signup and view all the answers

<p>State (Hughes) v Neylon (1982) = The President of the Circuit Court has the power to transfer business to another location. Irish Times Ltd v Ireland (1998) = The freedom of expression may be restricted to protect the right to a fair trial. State (McCormack) v Curran (1987) = The DPP has a statutory duty to perform their functions in relation to criminal prosecutions. H v Director of Public Prosecutions (2000) = The DPP does not have to explain their reasoning for decisions not to prosecute.</p> Signup and view all the answers

<p>Destruction of a courthouse = The President of the Circuit Court may transfer business to another location. Imposition of reporting restrictions on a criminal trial = The High Court may quash the order if it infringes constitutional rights.</p> Signup and view all the answers

<p>Judicial review of a decision made in excess of jurisdiction = Certiorari Judicial review of a decision made without jurisdiction = Prohibition Preventing a court from proceeding with a matter outside its jurisdiction = Prohibition</p> Signup and view all the answers

<p>Murphy v Turf Club = A court is not confined to the source of the body's powers and duties… it may also look to the nature of those powers and duties… R v Panel on Take-overs and Mergers, ex p Datafin plc = The relationship between the Applicant and the Turf Club was contractual in nature Rajah v Royal College of Surgeons in Ireland = The decision of a domestic tribunal exercising a regulatory function over an interested person is not subject to judicial review Rafferty v Bus Éireann = If the duties imposed on a body are public duties, and… the body exercises public law functions, then… its decisions may be subject to judicial review.</p> Signup and view all the answers

<p>Murphy v Turf Club = A decision-maker's authority is derived solely from a contractual agreement, express or implied, between the parties. R v Panel on Take-overs and Mergers, ex p Datafin plc = A decision-maker's authority can be derived from a statutory basis, and the nature of the powers and duties exercised by the body is a key factor in determining its subject to judicial review. Rajah v Royal College of Surgeons in Ireland = A decision-maker's authority derives solely from its establishment by royal charter, even if it is exercising a regulatory function over an individual. Rafferty v Bus Éireann = A decision-maker's authority can be derived from a statute, and the exercise of public law functions can lead to judicial review of their decisions.</p> Signup and view all the answers

<p>Murphy v Turf Club = The applicant's application for judicial review was dismissed. R v Panel on Take-overs and Mergers, ex p Datafin plc = A decision-maker’s status can be determined based on the nature of its powers and duties, even if the source of these powers is not statutory. Rajah v Royal College of Surgeons in Ireland = The applicant's application for judicial review was dismissed. Rafferty v Bus Éireann = The applicant’s claim was successful, implying the decision was subject to judicial review.</p> Signup and view all the answers

<p>Murphy v Turf Club = A domestic tribunal exercising a regulatory function over an interested person. R v Panel on Take-overs and Mergers, ex p Datafin plc = A public body with public law functions. Rajah v Royal College of Surgeons in Ireland = A professional body operating under a royal charter. Rafferty v Bus Éireann = A public body with statutory powers, exercising public law functions.</p> Signup and view all the answers

<p>The adversarial system is unsuitable for resolving complex policy issues = The adversarial system is arguably inappropriate for determining broader issues affecting many parties with different and perhaps competing interests. Policy decisions should be made by the executive, not the courts = It is undesirable in principle that the courts should resolve essentially political questions. Judges lack expertise in policy matters = Judges themselves have no training in, and little experience of, policy issues; such issues may therefore be better left to the political decision-maker who enjoys greater freedom of action. Policy decisions are based on policy, not law, making them unsuitable for judicial review = They are based on considerations of policy, as opposed to law; there are no recognized legal standards by which they can be tested in the courts.</p> Signup and view all the answers

<p>Crotty v An Taoiseach 1987 = The Supreme Court declared the ratification of the Single European Act unconstitutional based on its impact on the State's foreign policy. O'Donoghue v Minister for Health 1996 = The High Court found that the government's failure to provide adequate educational facilities for a child with a disability violated his constitutional rights.</p> Signup and view all the answers

<p>Ratification of the Single European Act = Ratification of the Single European Act was carried out by the Executive. The case of the 8-month-old child with Reye's syndrome = 8 mth old child contracted Reye's syndrome Suffered residual quadriplegia/profound mental handicap Almost no educational facilities made available by State The impact of the O'Donoghue case = Effect of ruling: Policy decisions may also be subject to review, at least indirectly, if their effect is to deny individual constitutional rights.</p> Signup and view all the answers

<p>Policy decisions can be challenged if they violate constitutional rights = Effect of ruling: Policy decisions may also be subject to review, at least indirectly, if their effect is to deny individual constitutional rights. The courts can provide a check on the executive's power = It is undesirable in principle that the courts should resolve essentially political questions.</p> Signup and view all the answers

<p>Judicial review of executive action = Crotty v An Taoiseach 1987 Ratification of the Single European Act carried out by the Executive A declaration was granted by the Supreme Court declaring ratification unconstitutional The principle of separation of powers = It is undesirable in principle that the courts should resolve essentially political questions.</p> Signup and view all the answers

<p>Judicial review = A process whereby the courts scrutinize the exercise of power by public bodies to ensure it is lawful and procedurally fair. Public function = An activity carried out by a private body that could traditionally have been performed by a public authority. Direct effect = The principle that provisions of EU law can be directly enforced in national courts. Statutory instrument = A type of delegated legislation that sets out detailed rules for the implementation of a statute.</p> Signup and view all the answers

<p>Foster v British Gas = Direct effect of EU law applied to private bodies. Harvey v Minister for Social Welfare = Review of a statutory instrument for inconsistency with the parent statute.</p> Signup and view all the answers

<p>Public law principles = Principles governing the actions of public bodies, such as fairness, transparency, and legality. Private law remedies = Legal remedies available to individuals against other individuals or private entities for breaches of contract or torts. Part-private, part-public entities = Organizations that combine elements of both private and public ownership and function. Contracted-out functions = Functions traditionally performed by public bodies that are now carried out by private companies under contract.</p> Signup and view all the answers

<p>Judicial review should apply to private bodies exercising public functions = Private bodies exercising public functions should be held accountable for their actions, and private law remedies may be inadequate. Judicial review should not be restricted to governmental power = The focus of judicial review is the improper exercise of power, regardless of the source. Functions subject to public law should not be exempt from judicial review due to privatization = Privatization should not automatically lead to a reduction in legal standards.</p> Signup and view all the answers

<p>Judicial function = Must be based on law or principle, not policy or discretion Quasi-judicial function = May involve an exercise of discretion Duty to act judicially = Applies to both judicial and quasi-judicial functions Final determination = A decision that is subject to appeal but can be enforced</p> Signup and view all the answers

<p>State (Shannon Atlantic Fisheries Ltd) v Minister for Transport and Power 1976 = Decisions that are not binding or final can be subject to judicial review State (Hussey) v Irish Land Commission 1983 = Judicial review can be used to ensure procedural fairness in administrative decisions</p> Signup and view all the answers

<p>Lis inter partes = A dispute between two parties Final determination = A decision that can be enforced Exercise of discretion = A quasi-judicial function may involve this Binding decision = A decision that is not subject to appeal</p> Signup and view all the answers

<p>The duty to act judicially applies to both judicial and quasi-judicial functions = It is a principle that applies to both judicial and quasi-judicial functions The function must be based on law or principle, not on policy or discretion = This is a defining characteristic of a judicial function The function must be capable of being enforced = This is a key element of a final determination The individual must be in a position to make a final determination = This is a defining characteristic of a judicial function</p> Signup and view all the answers