What is a judicial review

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The constitutional power of judicial review or the power to reproduce a judgment in an, other case. A judicial review may be sought where:, i, it appears to the court that a decision or action has been taken or is contemplated to be taken by, a, a public body or, b, an individual in disregard of a law or of a rule of law ii, it appears to the court that the decision or action of the body or individual was illegal or illegal in fact or was without legal basis iii, the court is satisfied that the action or decision was taken or contemplated to be taken by a public body or by an individual acting on the basis of the law or on the basis of a rule of law and it appears that at least two members of the body or of the individual who took the decision or action knew, or, if the body or individual are an institution, that they, in circumstances making it unlikely that they would be expected to know the law or the rule of law, it appears to the court that the public body or the individual acted improperly. 2 Judicial review has been given a very broad definition. It may comprise the first, second, third or fourth order of review. The first step in the process of judicial review is to consider whether the decision is made under a law or the practice of the legislature or executive is contrary to a law. It is desirable that the process of reviewing judicial functions be as broad as possible. Judicial reviews may be based on:, a, the law alone;, b, the decision or action, even though not based on the law, is of a kind that is not within the legislative or executive power;, c, the decision or action on the basis of the law or rule of law is arbitrary or capricious;, d, the decision or action is an arbitrary or capricious departure from policy. Secondly, the court may inquire whether the decision is arbitrary and capricious. Thirdly, the court may ask whether the action taken by the public, or by an individual acting on the basis of a law or a rule of law, on the basis of the law was not within the power of the legislature or the executive. If so, it may be challenged on the ground that the public action was an encroachment upon the.

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