Judicial review means that the court is allowed to review and decide if a law or government action follows the rules of the constitution. In simple terms, it is when the judges check if the government is doing things the right way according to the law.
Full definition
Indeed, the latter provides a model for the future development of the procedural law of
judicial review of administrative action by Canadian courts.
Our litigation lawyers focus on assisting with applications
for judicial review of administrative decisions and actions.
That is an interesting choice of example given the current government's strong attack
on judicial review proceedings, albeit stopping short of banning them altogether.
The time limit for
seeking judicial review can be either 15 or 60 days from the decision's receipt, depending on the location of the refusing officer.
He has experience in bringing
judicial review claims against local authorities and other public bodies and is committed to acting for extremely vulnerable children or adult clients with specialist needs.
In a number of cases, individuals have
brought judicial review proceedings challenging the police decision to disclose; so far, such applications have usually failed.
However it is slightly different in
judicial review cases because the defendant, as a public body, may well suffer no financial loss if the decision is reversed.
In concepts
with judicial review of government acts or a constitutional court, the judiciary is a direct check on government's power.
Also out is a provision allowing charters to seek
judicial review if their petitions are turned down.
Because solicitors don't get paid until the case is given permission, this provides a harsh financial incentive for them to stay away
from judicial review.
However, the preferred course is to work toward the abandonment of
judicial review as a pivotal institution in democratic societies.
If the decision was to not list the land, the community group could challenge that decision
through judicial review.
This is what
judicial review does: it allows the individual to take public bodies to court for breaking the law.
As a litigator, he has focused on
judicial review work since 1993, challenging the unfair exercise and abuse of power by public authorities, human rights breaches and discrimination.
Looking to text, history, tradition and widespread consensus does not
make judicial review a mechanical process.
Perhaps the minister should look at the quality of decision - making in his own department and its agencies before seeking to
limit judicial review.
We advise and represent a wide range of individuals, firms and regulators, and our members have acted in many of the leading
judicial reviews arising from disciplinary and regulatory decisions.
It allows the government to obtain information that includes personally identifiable information from companies
without judicial review.
You can apply for
judicial review only if you have been through the public body's own complaints and appeal procedures and are still unhappy with the decision made.
You may want to
consider judicial review if you have received a decision from a tribunal which did not go in your favour and you believe that the decision was unreasonable or unfair.
Additionally, there was a need for automatic judicial scrutiny of any detention as opposed to requiring the individual to
initiate judicial review proceedings themselves.
Canadian judicial review of administrative action is structured around two poles: substantive review and procedural review.
Third, the brief developed practical examples of the problems that arise in
prohibiting judicial review of agencies asserting jurisdiction.
A
landmark judicial review that was set to shine a light on decisions made behind closed doors by regional schools commissioners has been settled out of court.
Phrases with «judicial review»