ASSIGNMENT 1 (SEMESTER 1)..
DUE DATE: March 2025..
PREVIEW:
QUESTION 1
1. Discuss the meaning and nature of judicial review and appeal in the context of administrative law.
ANSWER:
Judicial Review and Appeal in Administrative Law
• Judicial Review: Judicial review is the process by which courts examine the actions of
administrative bodies to ensure they comply with the law, respect the principles of fairness, and act
within their powers. Judicial review does not involve reviewing the substance of decisions but
rather the legality and procedural fairness of those decisions. It ensures that administrative bodies
do not exceed their powers, act irrationally, or disregard fundamental rights. This principle serves
as a safeguard against abuse of power and ensures accountability within administrative functions.
• Appeal: An appeal, on the other hand, is a process by which a higher body reviews the decision of a
lower administrative body to assess whether the decision was correct in its substance. Unlike
judicial review, an appeal typically focuses on the merits of the decision, including the facts and the
application of the law. While judicial review looks at legality, an appeal examines correctness and
fairness of the decision-making process.
In the context of administrative law, judicial review focuses on ensuring that public bodies act within
their legal powers and follow the rules of procedural fairness. An appeal is concerned with assessing
the appropriateness of the decision made.
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