Leave Required Leave for judicial review is required in every case. The purpose is to filter out cases which have no substance, are frivolous vexatious and would waste court time. An application for leave to appeal may made in a unilateral “ex parte” application. In some cases a bilateral application on notice to the other party may be required. The application for leave is made […]
Commencement The application is made by an originating notice of motion unless otherwise directed by court. The statement of grounds and the court order for leave determines the scope of the proceedings. The notice of motion order for leave and statement of grounds and affidavits are served on all persons affected by the application. This must be done within seven days of the perfection of […]
Relief Sought Where the relief sought is an order of certiorari and the Court is satisfied that there are grounds for quashing the decision to which the application relates, the Court may, in addition to quashing it, remit the matter to the Court, tribunal or authority concerned with a direction to reconsider it and reach a decision in accordance with the findings of the Court. […]
Inclusion of Agencies The Minister may, after consultation with the Ombudsman, the Ombudsman for Children and such committee of the Houses of the Oireachtas as he or she considers appropriate, and with the consent of such other Minister (if any) as appears to the Minister to be responsible for the entity in question, and having regard to the need to ensure appropriate accountability and oversight […]
Prerogative Writs The historical antecedents of modern judicial review were the so-called prerogative writs. They are certiorari mandamus prohibition and habeas corpus. The label prerogative emphasizes their link with the Crown. The writs issued from the Kings Bench which was notionally the court most closely associated with the King. The functions of the King’s Bench transferred to the High Court after the amalgamation of the […]
Certiorari Certiorari is an ancient remedy developed by the royal courts to exercise supervision over justices of the peace. The justices exercised jurisdiction in a range of criminal and quasi administrative matters. Over time, the remedy developed and was extended to bodies and tribunals whether courts or not where a legal body had authority to affect rights and had a duty to act judicially or […]
As of Right v Discretion The courts have changed their views over time as to the extent to which certiorari issues as of right. Historically, the courts had the discretion to grant or withhold certiorari. the principal public law remedy for quashing unlawful decisions. The courts appear to have come to the view that the remedy should be available generally as of right, where a […]
Overview The public service makes decisions which affect the rights and interests of individuals across a whole host of areas on a daily basis. In some cases, there are elements of discretion in relation to the exercise of the power. More generally, the rights of entitlement of individuals are fixed by law. There exist mechanisms for challenging the decisions of public bodies. These include Court […]
Public Service Ombudsman The Ombudsman’s Office was established in 1980 and commenced in 1984. The Ombudsman holds office for six years and can be appointed for up to three terms. The Ombudsman is responsible for reviewing good administration across a wide range of the public service. The Ombudsman may act on its own initiative or on a complaint. The Ombudsman investigates the actions of officials […]
Office of Ombudsman The Ombudsman’s office was established in 1980, in order to offer redress to persons who have suffered loss or harm, due to “maladministration”. It offers the possibility of redress without the expense of court action and with the need to show identify illegality in administrative action. Apart from the time, cost and risk involved a Judicial review challenges will not succeed on […]
General Judicial review is a High Court procedure in which the legality of acts of public and administrative bodies may be challenged and found invalid. The focus is not on the merits of a decision, but on its legality. Judicial review may be undertaken in relation to the acts and decisions of the so-called lower courts; the District and Circuit Court and also and more […]