Judicial review is applied to both public bodies and to certain private bodies who undertake functions which have a key impact on a person\\’s livelihood, property, etc.\u00a0 A State body may be a government department, state-sponsored body or a private company. \u00a0Similarly a private body such as a trade union, a professional body may have significant powers which are similar to the governmental body.<\/p>\n
Principles of fairness have been applied to standard form contracts of public bodies such as the ESB. \u00a0In practice competition law and unfair contract terms have been a more precise and up to date means of challenging such rules.<\/p>\n
Judicial review is not available to challenge the decision of all public bodies. \u00a0Some bodies and associations are regarded as merely private associations founded on the agreement of the members.\u00a0 Contracts made by public bodies acting in a private capacity e.g. leasing a property are not subject to judicial review.<\/p>\n
Where a private body exercises functions which might otherwise have been legally regulated then it is likely to be possible to challenge its findings by judicial review.<\/p>\n
A private body may be granted powers to regulate an activity by private charter or agreement.\u00a0 Due to the consequences of the decision makers decisions for individual members, the proceedings must be determined in accordance with the principles of natural justice.\u00a0 Many public regulatory bodies are set up as private companies owned by government departments.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
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. \u00a0The 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 […]<\/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":[202],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/4818"}],"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=4818"}],"version-history":[{"count":1,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/4818\/revisions"}],"predecessor-version":[{"id":13223,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/4818\/revisions\/13223"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=4818"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=4818"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=4818"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}