ADL2601 Assignment 1 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