ADMINISTRATIVE LAW / JUDICIAL REVIEW
Administrative law regulates government, State and semi State bodies in their organisation, composition, functions and procedures.
Today, Administrative law is mostly concerned with the process of Judicial Review, which is an important remedy acting as a restraint to excess or abuse of power of the State and public bodies.
The High Court has jurisdiction to supervise a range of administrative bodies such as, the District and Circuit Courts, the Defence Forces, An Garda Siochana, Local Authorities, Health Boards, An Bord Pleanála and the Employment Appeals Tribunal to name but a few. A wide range of tribunals and administrative bodies are subject to Judicial Review.
Judicial Review allows the court to review the manner in which the decision was made, as opposed to the substance of the decision itself. The court will determine whether, for example, proper procedures were applied or whether the decision maker had the proper authority or applied the proper principles.
The decision must have a public element and the court will look at the source of the power and the nature of the power in determining whether the public element exists.
The grounds for judicial review include:
- Natural Justice & Constitutional Justice
- Reasonableness
- Legitimate or Reasonable expectation
- Proportionality
Judicial Review is a relatively fast and very effective way of overturning a decision that was made without the proper authority or without fair procedures in place and it often acts as a vindication of fundamental personal rights.
Given our expertise in Military Law we have particular experience in reviewing matters relating to members of the Defence Forces. However we take on legitimate cases against all bodies who have a public function.