Judicial Review | Education

Concept of judicial review

Judicial review is to maintain a check on the administrative authorities. It restricts the arbitrariness of administrative authorities. Judicial review is the re-examination and reconsideration of the legality or constitutionality of the legality or constitutionality of    Proceedings of lower courts or tribunals or    Legislative enactments or     Governmental or administrative action.

judicial review

Judicial review of Adminstrative action

Those acts which are necessary to be done to carry out legislative policies and purpose already declared by legislative body. In Pakistan, there is a safest possible safeguard against the abuse of power by any administrative authority. Doctrine of unreasonableness has been developed in rule that powers particularly discretionary ones, have to exercise judicial and not arbitrarily. 

Grounds of judicial review

 A court can also inquire into the motives of the authorities passing orders. Malafide orders means which is not passed by the enactment but for other ulterior motives. Authorities must have regard to all relevant consideration and disregard all irrelevant consideration.Person so authorized must not act under dictation, discretionary powers must be exercised only by persons authorized by statute

Supreme Court

.Person invested with discretion must exercise it properly and are not allowed to surrender their power. Basic principles of administrative law that nobody can act beyond its powers these ties at basis of judicial review on ground a lack of jurisdiction. If authority fails to observe a procedural requirement which is considered to be mandatory, its decision is liable to be quashed.

       It is not only to enforce the rights but also to keep the administrate and quasi administrative machinery within proper control Under the provisions of  Supreme court u/art 184(3) High court u/art 199  Limits on public law review:  Laches or unreasonable delay.Through writ issuing power of Supreme Court and high court is mandatory however court may refuse remedy if there is unreasonable delay invoking the jurisdiction of high court. Supreme Court and high court cannot issue writ if alternate remedy is available. Principle of judicial review which is grounds on public policy applies in public review area also.

judicial review

a- Habeas corpus

b- Mandamus

c- Prohibition

d- Certiorari

e- Quo warranto

Private law review refers to ordinary courts of the land exercised in accordance with ordinary law to control administrative authorities and their actions.  Injunction is a judicial process by which one who has invaded or is threating to invade the rights is restrained from continuing or commencing such wrongful act.Temporary injunctions can be granted at any stages of suit and are regulated by order xxxix of code of civil procedure 1908. Legal education with a difference. Every person should be educated so that the country may progress. It is the main source of education.

Perpetual injunctions may be granted to prevent breach of an obligation existing in favour of applicant whether expressly or by implication. it is to prevent the breach of an obligation and to compel the performance of certain act which court is capable of enforcing. Declaratory action signifies a judicial remedy which conclusively determines the rights of the parties. It can be issued by court in the matter dealt with by administrative authorities. An action for damages used to lie against the local authorities or public corporation.