ADL2601
ASSIGNMENT 1
DUE DATE: MARCH 2025
, ADL2601: ASSIGNMENT 1:
Questions
1. Discuss the meaning and nature of judicial review and appeal in the
context of administrative law.
According to administrative law, judicial review and appeal are two distinct legal
mechanisms used to challenge administrative decisions.
Judicial review
Is the process by which a court examines the lawfulness of an administrative decision
or action. It focuses on whether the decision was made following the correct legal
procedures, adhered to the principles of natural justice, and was within the powers
granted to the administrator. The court does not assess the merits of the decision but
rather ensures that it was taken lawfully. Judicial review is governed by the Promotion
of Administrative Justice Act (PAJA), which provides statutory grounds for review
under Section 6(2). These include ultra vires actions (when an administrator exceeds
their powers), procedural unfairness, bias, bad faith, and unreasonable or
unconstitutional decisions.
Appeal, on the other hand, is a process where a higher authority (such as a superior
court or an appellate tribunal) reviews the merits of a decision to determine whether it
was correct or incorrect. Unlike judicial review, an appeal allows the reviewing body to
replace the original decision with a new one. The right to appeal is usually granted by
statute, and the appellate body evaluates whether the decision was factually and
legally sound.
PAJA Section 6: Grounds for judicial review
ASSIGNMENT 1
DUE DATE: MARCH 2025
, ADL2601: ASSIGNMENT 1:
Questions
1. Discuss the meaning and nature of judicial review and appeal in the
context of administrative law.
According to administrative law, judicial review and appeal are two distinct legal
mechanisms used to challenge administrative decisions.
Judicial review
Is the process by which a court examines the lawfulness of an administrative decision
or action. It focuses on whether the decision was made following the correct legal
procedures, adhered to the principles of natural justice, and was within the powers
granted to the administrator. The court does not assess the merits of the decision but
rather ensures that it was taken lawfully. Judicial review is governed by the Promotion
of Administrative Justice Act (PAJA), which provides statutory grounds for review
under Section 6(2). These include ultra vires actions (when an administrator exceeds
their powers), procedural unfairness, bias, bad faith, and unreasonable or
unconstitutional decisions.
Appeal, on the other hand, is a process where a higher authority (such as a superior
court or an appellate tribunal) reviews the merits of a decision to determine whether it
was correct or incorrect. Unlike judicial review, an appeal allows the reviewing body to
replace the original decision with a new one. The right to appeal is usually granted by
statute, and the appellate body evaluates whether the decision was factually and
legally sound.
PAJA Section 6: Grounds for judicial review
