Your goal when you seek judicial review is to obtain the remedy that will most effectively resolve the complaint you have against the decision or
act of an administrative body.
Brand acknowledges that some
form of administrative body might be helpful, before launching into a deflective rant ending in a bout of trademark silliness.
Simply because a person is dissatisfied with the decision
of an administrative body does not automatically mean that the decision will be reviewable by a judge.
For starters, the two are ultimately designed to answer the same question: did Parliament intend for the question at the heart of the dispute to be within the
authority of the administrative body, or not (see Dr Crawford and my chapter in this forthcoming book).
According to the Supreme Court, when faced with two competing reasonable
interpretations of an administrative body's «home statute», the administrator — in this case, the BCSC — with the benefit of its expertise, is entitled to choose between those interpretations and «courts must respect that choice».
These means may include provisions whereby persons or organisations with a legitimate interest under national law in the withdrawal of advertising which is incompatible with this Directive may take legal proceedings against such advertising or bring such advertising to the
attention of an administrative body competent to give a ruling on complaints or to institute the appropriate legal proceedings.
In any event, what this means is that in any administrative proceeding, a party should ensure that it has an adequate understanding of the provisions of the governing statute and the
jurisdiction of the administrative body that is being asked to make a decision.
Let's take a look at some situations where a person might be affected very harshly by the decision
of an administrative body...
In the section entitled Ensuring Fairness, above, we talked about all the things that you are or may be entitled to when you are affected by the act or decision
of an administrative body.
Here is a brief look at the remedies available when you are seeking redress against the act or decision
of an administrative body.
Certiorari quashes the decision
of the administrative body, and mandamus compels the body to issue a new decision, to be made in accordance with proper principles.
Another explanation for this remark might be that the ECJ rules that the national judge must take into account all relevant circumstances including those which occurred after the final decision
of the administrative body, when assessing the lawfulness of that decision under the effects - based - approach; an ex nunc appreciation.
The costs of the arbitration fall into two categories: 1) the costs associated with the arbitral process, namely the arbitrator's fees and
those of the administrative body, if any, and 2) counsel fees and the costs of the preparation and presentation of a party's case.