* The Judicial Review Power
Expert-defined terms from the Professional Certificate in Constitutional and Administrative Law course at LearnUNI. Free to read, free to share, paired with a globally recognised certification pathway.
**Administrative law** #
The branch of law that governs the activities of administrative agencies of government. It is concerned with the decision-making processes of these agencies and provides legal restraints to prevent abuse of discretion.
**Administrative agency** #
A government entity authorized to administer regulations and enforce laws within a specific area or function. Examples include the Environmental Protection Agency (EPA), the Federal Trade Commission (FTC), and the Internal Revenue Service (IRS).
**Adjudicative function** #
The role of an administrative agency in making binding decisions in individual cases, such as licensing or disciplinary actions.
** Agency discretion** #
The power granted to an administrative agency to make decisions and take actions within the scope of its authority, as defined by law.
**Bias** #
A prejudice in favor of or against one thing, person, or group compared with another, usually in a way that's considered unfair.
**Burdens of proof** #
The obligation to prove one's allegations or claims. In judicial review, the burden of proof often falls on the party challenging the administrative action.
**Challenge to administrative action** #
A legal process by which a person or entity seeks to overturn or modify an administrative agency's decision or action.
**Constitutional law** #
The branch of law concerned with the interpretation and application of a country's constitution, including the division of powers between different branches of government and the protection of individual rights.
**Due process** #
A constitutional guarantee that protects individuals from arbitrary or capricious government action. It typically requires notice and an opportunity to be heard before a decision is made that affects one's life, liberty, or property.
**Judicial deference** #
The tendency of courts to give great weight to an administrative agency's interpretation of the law, particularly when the agency has expertise in the relevant area.
**Judicial review** #
The power of courts to review the actions of administrative agencies and determine their legality. This power is derived from the constitution or statute and is an essential component of the system of checks and balances.
**Legitimate expectation** #
A principle in administrative law that requires an administrative agency to act fairly and consistently, giving individuals a reasonable expectation that the agency will follow its own policies and procedures.
**Natural justice** #
A set of principles that require administrative agencies to act fairly and impartially, providing individuals with notice of proposed actions and an opportunity to be heard.
**Procedural due process** #
The requirement that administrative agencies follow fair procedures when making decisions that affect individuals' life, liberty, or property.
**Procedural review** #
The examination of an administrative agency's procedures and decision-making processes to ensure that they are fair, consistent, and in compliance with the law.
**Promissory estoppel** #
A legal principle that requires an administrative agency to honor its promises or representations, even if they were not formally adopted as rules, if individuals relied on them to their detriment.
**Rulemaking** #
The process by which administrative agencies create and adopt rules that have the force of law.
**Standard of review** #
The level of scrutiny that a court applies when reviewing an administrative agency's decision or action. The standard of review may be de novo, deferential, or something in between, depending on the circumstances.
**Statutory construction** #
The process of interpreting and applying a statute or regulation to a specific set of facts.
**Substantive due process** #
The requirement that administrative agencies' decisions and actions be reasonable and not arbitrary or capricious, particularly when they affect fundamental rights or liberties.
**Substantive review** #
The examination of an administrative agency's decision on the merits, to determine whether it is reasonable, supported by the evidence, and in compliance with the law.
**Ultra vires** #
An act that exceeds the authority or jurisdiction of an administrative agency, and is therefore invalid.
**Vagueness** #
A term or provision in a statute or regulation that is unclear, ambiguous, or overly broad, and may therefore be subject to challenge in a judicial review.
**Wednesbury unreasonableness** #
A standard of review used in the UK, which requires that an administrative agency's decision not be so unreasonable that no reasonable person could have made it.
**Writ of mandamus** #
A court order that commands an administrative agency to perform a duty that it has failed to perform, or to correct an abuse of discretion.
This glossary provides a comprehensive overview of key terms and concepts relate… #
By understanding these terms and their practical applications, learners can gain a deeper understanding of the role of courts in reviewing administrative actions, and the legal and procedural safeguards that protect individuals and ensure fairness and accountability in the administrative process.