Judicial Review is a mechanism by which an individual or a company can make an application to the High Court to challenge the decision making processes of administrative bodies and lower courts.

Purpose of Judicial Review

Judicial review serves as a crucial mechanism to maintain the rule of law and uphold administrative justice. It ensures that public bodies, including government departments, local authorities, and other agencies, do not exceed their legal powers (ultra vires) and that they make decisions in a lawful, fair, and rational manner.

The High Court is concerned only with how the public body made its decision. They will focus on how this body exercised its powers in coming to this decision.

Judicial review is not focused on the specific decision itself but rather on the decision-making process and whether appropriate procedures were followed. Before initiating a judicial review action, all procedural appeals related to the decision must be exhausted first. 

Grounds for Judicial Review

To apply for judicial review, you must show that you were affected in some way by the decision you are challenging. You must also show that your case has grounds. 

The Judicial Review Process

1. Application for Leave: The process begins with an application for leave (permission) to the High Court. This is a preliminary stage where the applicant must demonstrate a prima facie case that warrants further examination.
2. Timing: Applications for judicial review must generally be made promptly and within a specific time frame, typically within three months of the decision or action being challenged.
3. Leave Hearing: At the leave hearing, the High Court will determine whether there is a sufficient basis to proceed to a full hearing. If leave is granted, the case proceeds to the substantive hearing.
4. Substantive Hearing: During the substantive hearing, the court examines the merits of the case, considering evidence and legal arguments from both parties.
5. Remedies:

If the court finds in favour of the applicant, it can grant various remedies, including:

1. • • Quashing Orders (Certiorari): quash a decision.
     • Prohibiting Orders (Prohibition): Prevents unlawful action.
     • Mandatory Orders (Mandamus): compel the performance of a duty.
     • Declarations: seek a judge’s  declaration on the rights of the parties.
     • Injunctions: prevent an action being taken or to compel the taking of an action.

Judicial review is a fundamental aspect of the Irish legal system, providing a mechanism to ensure that public bodies act lawfully and fairly. It is important to note however that Judicial review does not involve re-evaluating the merits of the decision itself but rather examines the legality and fairness of the process by which the decision was made.

We can advise clients on their rights to seek judicial review and guide them through the complexities of the process. Please contact our office, email: mail@danielspring.ie or Phone: 01 644 9999 to arrange a consultation in relation to your situation. 

This information is provided for information purposes only and does not constitute legal advice. Specific legal advice in relation to your situation should always be taken prior to taking any action on foot of this information.