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Judicial Review Procedure Essay

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In brief a judicial review is a procedure by which a court can review an administrative action by a public body and secure a declaration, order, or award. But despite this very simple dictionary definition a judicial review, the procedure can be a complex process. To begin, I will advise Save Our Birds on the nature of a judicial review procedure. In my address to Save Our Birds I will also highlight the differences between the judicial review procedure and an appeals process.
In advising Save Our Birds on the nature of a judicial review it is necessary to emphasise the fact that a judicial review is not concerned with the decision actually taken, it’s concerned with the decision making process and whether or not the decision is found to be defective due to dishonesty, or bad faith .1 A special procedure for judicial review applies in the case of Save Our Birds as here we are reviewing a decision actually made by An Board Pleanála.2 A Judicial review is the only way in which they can challenge this decision made.
Save Our Birds should study The Planning and Development Act 2000 as it sets out the special procedure to be followed. To begin, it is the High Court who controls the jurisdiction for judicial review.3 …show more content…

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