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Administrative Law Study Notes - Availability of Judicial Review
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ADMINISTRATIVE LAW – LAW2710FINAL EXAM GRADE: A
AVAILABILITY OF JUDICIAL REVIEW
LECTURE NOTES, EXAM TIPS FROM LECTURER AND CASE BRIEFS
ABBREVIATIONS USED
JR Judicial Review
C Claimant
D Defendant
W With
Bc because
JRA Juducial Review Act Chapter 7:08
s. section
Purpose of JR (Judicial Review) - promotes transparency and accountability.
MAIN ISSUE: Whether a court can hear a claim for judicial review.
To establish this you must identify-
1- Is the claimant a proper claimant? C must be someone w standing. Very liberally
interpreted recently.
2- Is the defendant subject to judicial review? D is usually a public body subject to
review.
3- Is the subject matter of the judicial review application justiciable? The nature of
the application- something that is a public nature/ something that is justiciable. [not
really private law matters or commercial type contractual transactions etc, not
political of in the realm of international relations that the execuitive body should be
dealing with but it should be something that the courts have the authority to supervise
and deal w.
4- Is there an applicable ouster clause? Ouster clause ouster the jurisdiction of the
court. Whether the courts will give effect to an ouster clause. There may be an ouster
clause and the courts may say bc of the whole nature of the application they will not
, give effect to the ouster clause bc it is so important- a breach of HR, the court will not
entertain the matter, they will not give effect to it bc there are other competing issues
like the rule of law etc… that the courts can exercise their jurisdiction.
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