The right of judicial review of the actions of public bodies is not expressly protected by the Constitution. However, it is likely to be implicit in respect of most classes of decision. It has a critical function in ensuring that the executive acts in accordance with the law.<\/p>\n
The State can be liable for civil obligations in the same manner as any other entity. Accordingly, it can be liable for breach of contract, civil wrongs and restitution.<\/p>\n
Commonly, there will be a right to appeal against the decisions of public bodies to a particular body or in some cases to a court. This is separate from the judicial review procedure, which involves a challenge to the legality, rather than the merits of the decision.<\/p>\n
Although the Oireachtas is unlikely to be able to preclude judicial review, it may restrict it. Challenges to provisions for short time limit requirements and for showing a prima facie case upfront have been held to be valid in the reference of the Immigration Act 1999 to the Supreme Court.<\/p>\n
Notwithstanding that an Act does not expressly provide for fair procedures, constitutional considerations will require that it be interpreted that the decision-maker acts in accordance with fair procedures where the decision or matter affects the liberty, reputation, property or good name of citizens. A right to be heard may be required where the matter impacts upon a person’s civil rights and obligations.<\/p>\n
In Meadows v Minister for Justice (2010), the question of law referred to the Supreme Court was whether in determining the reasonableness of an administrative decision, which affects fundamental rights, it is correct to apply the traditional reasonableness, standard applicable generally in respect of judicial review. Two judges appeared to say yes, whereas two judges said no. The fifth judge was not sufficiently clear as to whether a higher standard was required, where constitutional rights were impacted.<\/p>\n
It appears that fundamental European Union rights and European Convention on Human rights are concerned, a more exacting standard of judicial review is required than applies to general governmental decisions. The courts have inherent rights of sanction to uphold their authority. Interference with the administration of justice is criminal contempt. The courts may punish contempt summarily.<\/p>\n
It has been held that there is no constitutional right to a jury in such a case as to so do would undermine the inherent authority of courts to enforce their own order.<\/p>\n\n
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Justice in Public The principle that courts should sit in public is a long-standing at common law and is implicitly recognised by the Constitution. It is expressly recognised by the European Convention on Human Rights. However, there are long-standing and logically justifiable exceptions to the principle that courts hear cases in public. The principle that […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[39],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/320"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=320"}],"version-history":[{"count":3,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/320\/revisions"}],"predecessor-version":[{"id":323,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/320\/revisions\/323"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=320"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=320"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=320"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}