How to use judicial review in a sentence

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Sentence Examples Judicial creativity has been most obviously and constructively expressed in the rapid expansion of the law of judicial review. Isn't privacy analysis based on substantive due process an example of illegitimate, activist judicial review? It's right and proper that teachers have access to the full process of judicial review, which by its thorough nature, will take time. Application was made for leave to move for judicial review to quash this decision, but leave was refused. What function is performed by standing rules in judicial review, and how well do the rules serve that function? Drafting points such as these are important but do not justify judicial review of the order. This strategy uses the procedure called judicial review, and is a public law matter. There are before the court two applications for judicial review which both raise the same issue. The applicant now challenges by way of judicial review the grant of planning permission to the Trustees. It should properly have been raised by an application for judicial review in the High Court. Accordingly, I do not consider this to be a case for granting permission for judicial review. Parents fighting to save a primary school from closure have lodged an application for a judicial review. The court ruling followed a judicial review which was granted to the lobby group in October. It is a review function, very similar to that of the court on judicial review. The council said it would not pursue legal costs against parents who sought a judicial review on the closure. Barristers have drawn up a legal opinion setting out a test case for a high court judicial review of the government's position. A public inquiry and judicial review is awaited and a housing market crash looms ever closer. In judicial review, the unsuccessful party may be ordered to pay the costs of the other side. The power of judicial review has allowed the Supreme Court to protect civil liberties within America. It does not sound like the sort of case the High Court, in the limited jurisdiction of judicial review, would become involved in. Show More Sentences The adjudicator is not exercising the residual jurisdiction of judicial review. Of course, if the Secretary of State gets it wrong in refusing to entertain the application, there would be a remedy by way of judicial review. There should not have been an application for legal aid to apply for judicial review whilst that remedy was available. It is said that the claimants had viable alternative remedies by way of judicial review. A claim for judicial review may include a claim for damages, restitution or the recovery of a sum due but may not seek such a remedy alone. As has been noted, the legality of their actions can be challenged in public law by applications for judicial review. The legality and legitimacy of that action must be subject to judicial review. The trend among democracies over the last few decades has been toward judicial review of legislative as well as executive action. The applicant filed an application for judicial review, but it was dismissed by consent. Richards has since stated that he would hold his hand on appointing the tribunal until the courts ruled on the judicial review motion. You can't have a notion of the rule of law and not have access to judicial review. In my view the incorporation of a local action group ought not to be a bar to the bringing of an application for judicial review. The Claimant in this claim for judicial review is the Secretary of State for the Home Department. That is to say there was no entitlement to judicial review on the merits of the question according to Justice Gray. Second, the letter does not seek to make submissions on the merits of the proposed judicial review application. Objectors have only five weeks to call for a judicial review, but they have warned their will to fight is undiminished. The visa is valid until 28 days after the completion of the judicial review proceedings. She has applied to the high court for a judicial review of the non-inclusion of her partner in her tenancy agreement. I appreciate that in your witness statements in the judicial review, you have referred to financial difficulties. This is too narrow an approach to adopt when considering whether an application for judicial review should be stayed. Show More Sentences He subsequently applied to a judge of the Federal Court for an order staying the immigration inquiry pending the hearing of the judicial review. He was released by order of an examining magistrate on 30 June after 44 days without access to judicial review or to his family or lawyer. The old judicial review remedies of certiorari, mandamus and prohibition were never applied to charitable trusts as such. Last September Mr Justice Pitchford rejected their judicial review challenge to the Home Office's stance. This focuses attention on what in my view is the single important difference between judicial review and civil suit, the differing time limits. The grant of refugee status was made on the 13 November, following hot on the heels of the judicial review application made four days earlier. The pair filed a petition in B.C. Supreme Court, asking for a judicial review of the bishop's decision to fire them. Preparations are forging ahead for a judicial review, which will come before a High Court judge in Swansea. It is said that the fetter on judicial review unlawfully discriminates against non-nationals on the ground of their nationality. The costs could continue to rise as the Ministry of Defence is considering applying for a judicial review of the inquest. The applicant then instituted fresh proceedings for judicial review of the Tribunal's decision in the Federal Magistrates Court. Last week Midlothian council said its solicitors would seek a judicial review and an interdict to block the referendum. It also found that the Migration Act contravened international law by barring any judicial review of detention. The principle of legality doesn't clash with the power of judicial review when the courts must invalidate criminal laws. This was because the exercise of such discretion was itself subject to judicial review. Are we going to have to go to judicial review to see whether we can get cough mixture? The scope of the county court's jurisdiction on such an appeal is effectively the same as that of a conventional judicial review. The point has never been legally challenged, but pro-hunt campaigners believe there is a case and have gone to court to seek a judicial review. A judicial review is to be launched today at the High Court to overturn the ban which comes into force in February. Put another way, the Federal Court could not award damages in a judicial review proceeding. Show More Sentences But that case does not assist in deciding whether the private service provider is itself amenable to judicial review. He said the dispute was over a contract and therefore one of private law, and a judicial review challenge was not the correct legal procedure. In addition, as a matter of practice, judicial review proceedings took a number of months. I take the view that the question of issue of estoppel does not and cannot arise in judicial review proceedings. With great promptness Camelot brought the present proceedings for judicial review. Nothing in the letter indicated that the residents were contemplating judicial review proceedings. However, these principles had never strictly applied in public law and judicial review. The question to what extent error of a non-jurisdictional fact is a separate ground for judicial review is not settled. Mr Gill referred us to a number of authorities which, he submitted, demonstrated that unfair and inconsistent treatment provided grounds for judicial review. There are some cases where judicial review courts give relief. According to the Quran, the highest political authorities are subject to judicial review. It does seem that when it comes to the control orders, there'll now be an interim control order, and then there'll be judicial review on the merits of that control order. Rather than overturn Roe v. Wade, he proposes to overturn the entire system of judicial review. The Justice Department argued that the Constitution vests such authority exclusively in the president, and that it is not subject to judicial review. The decision of the Commissioner to refuse leave is subject to the supervisory jurisdiction of the High Court exercised in judicial review proceedings. There are three applications for judicial review before the court. The grounds for judicial review may be defined more narrowly than that. She has been granted legal aid to seek a judicial review of the policy. This may seem to imply that judicial review no longer serves a legitimate purpose and should be abandoned. In the case of a continuing wrong done to him, a prisoner could expect that a hearing in judicial review proceedings could be obtained with little delay. Show More Sentences For example, as discussed previously in this report, a person could be held incommunicado indefinitely with no apparent opportunity for judicial review. Also in these proceedings permission was sought by the Claimant to apply for judicial review to quash the decision letter on the Claimant's costs application. The appellant applied for judicial review to quash this decision. Sure, but that doesn't necessarily mean that it comports with due process to end judicial review when there is a significant chance of exoneration still to be explored. Magistrates threw out this appeal in October, but objectors are currently considering taking the bench's decision to judicial review at the High Court. But more than 200 years later, the disruptive potential of judicial review remained on full display. There has always been a debate over the appropriateness of judicial review. Judge Doherty was uncertain about the standard of proof in a criminal case, so in a time-honored tradition of judicial review, he consulted his bailiff. On the other hand, the statute may upon its true construction merely require an act which appears formally valid and has not been quashed by judicial review. Accordingly, the duty owed under Section 17 of the Children Act 1989 is a target duty owed to children in general and is not justiciable by judicial review. Did such matters fall within the compass of judicial review at all? In September 2013, a group of London Boroughs initiated a judicial review to challenge this policy. The magistrates' courts are also inferior courts and are therefore subject to judicial review. The Law Lords did not have the power to exercise judicial review over Acts of Parliament. Ultimately there was a judicial review and a boycott of the system by senior doctors across the country. Both substantive and procedural limitations are enforceable in the Courts by judicial review. Acts of the Northern Ireland Assembly as with other subordinate legislatures are subject to judicial review. In July 2013, Crusaders agreed to a possible settlement brought forward by the judicial review. This is a more rigorous standard than is ordinarily applied to standing in English, although not Scottish, judicial review. In a separate judicial review request the 51m Group challenged the government on several grounds. Show More Sentences As gifts from the Crown, there was no judicial review, oversight or consideration, and no actual law concerning patents. Sir Edward Coke, a famed jurist whose judgements included seminal cases in corporate and competition law and the creation of judicial review. No part of the Constitution expressly authorizes judicial review, but the Framers did contemplate the idea. Precedent has since established that the courts could exercise judicial review over the actions of Congress or the executive branch. The justification for judicial review is to be explicitly found in the open ratifications held in the states and reported in their newspapers. Madison case, the Supreme Court asserted its authority of judicial review over Acts of Congress. His remarks that seem suggestive of judicial review are sometimes considered obiter dicta, rather than part of the rationale of the case. At the Constitutional Convention in 1787, there were a number of references to judicial review. In its answer to this last question, the Supreme Court formalizes the notion of judicial review. Madison, judicial review has been accepted in the American legal community. His position was to treat statutes in the same way as other documents for the purpose of judicial review and was followed for decades. Among them was an amendment protecting findings of fact in civil cases exceeding a certain dollar value from judicial review. The scope of judicial review may be limited to certain questions of fairness, or whether the administrative action is ultra vires. This power is seen as fundamental to the power of judicial review and an aspect of the independent judiciary. Judicial review is adopted in the Constitution of India from judicial review in the United States. The Supreme Court has the ultimate power of judicial review over Canadian federal and provincial laws' constitutional validity. In India, parliamentary sovereignty is subject to the Constitution of India, which includes judicial review. Derbyshire County Council is opposed to this development, and is seeking legal advice on whether the matter can be taken to judicial review. Mr Joicey launched a third bid for judicial review, citing six grounds of unlawfulness in planning procedure. The Court is invested with the power of judicial review over all acts of the parliament, over presidential decrees, and over international treaties, signed by the country. Show More Sentences A judicial review may be provided by a constitutional court. They are subject to the oversight and ultimate authority of the Court of Session, which can review decisions through either a final appeal or through judicial review. Section 30 strengthens the EHRC's ability to apply for judicial review and to intervene in court proceedings, through giving explicit statutory provision for such action. These juries voted by secret ballot and were eventually granted the power to annul unconstitutional laws, thus introducing the practice of judicial review. Questions have also frequently been raised about the logic of Marshall's argument for judicial review, for example by Alexander Bickel in his book The Least Dangerous Branch. At the time of the Constitutional Convention, there had been cases in the state courts of at least seven states involving judicial review of state statutes. A number of courts engaged in judicial review before Marbury was decided. All laws and governmental procedures are subject to judicial review and any law ruled by the courts to be in violation of the Constitution is voided. The concept of judicial review was discussed in The Federalist Papers. Defenders of judicial activism say that in many cases it is a legitimate form of judicial review, and that the interpretation of the law must change with changing times. Supreme Courts under the leadership of subsequent Chief Justices have also used judicial review to interpret the Constitution among individuals, states and federal branches. To date, the Supreme Court's power of judicial review has persisted. John Marshall in Virginia, James Wilson in Pennsylvania and Oliver Ellsworth of Connecticut all argued for Supreme Court judicial review of acts of state legislature. If he meant the case as an endorsement of judicial review instead of Parliamentary sovereignty, withdrawal of that endorsement has been inferred from his later writings. It can be construed as marking the supremacy of the common law over Parliament by judicial review or only as being another form of statutory interpretation. Charles Gray, in the Proceedings of the American Philosophical Society, argues that Coke, as a judge, never intended to advocate the judicial review of statutes. The power of judicial review, in fact, is nowhere mentioned in it. Though the practice of constitutional judicial review has always been controversial, Douglas Edlin boldly asserts an even more extensive judicial power. The Irish Supreme Court and High Court exercise judicial review over all legislation and may strike down laws if they are inconsistent with the constitution. However, in the cases of administrative acts or decisions under judicial review, the court can only intervene on the grounds of ultra vires, hence making the judgment void. Show More Sentences Civil law jurisdictions, on the other hand, place less emphasis on judicial review and only the parliament or legislature has the power to effect law. Predictably they didn't and predictably the Labour and Lib Dem councillors voted to ratify the plan and will now have to endure the judicial review that will surely follow. Examples from Classical Literature Before the principle of judicial review was supported by a single authoritative decision, it had thus become a partisan issue! He stated in one breath the principle of judicial review and the doctrine of enumerated powers. His aim has been to pass in judicial review the thoughts and imaginations of mankind concerning the destiny of the human soul. With Smyth v. Ames the doctrine of judicial review may be regarded as fully established. There could be little doubt about the necessity of judicial review of law findings of the Commission. The theater of war excuse for denying judicial review, the judge found, is unpersuasive when the government imports detainees from elsewhere. Find more words! 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Use our Sentence Generator Nearby Words judicial restraint judicial power judicially judicial branch judicial activism judicial judicial system judiciary judiciary act of 1789 judicious judiciously judiciousness