法律英语词汇“judicial review”的翻译、意思、用法、释义-法律词典

单词

judicial review

释义

judicial review

judicial review in the constitutional law of the UK, control by courts over certain decisions taken by administrative and other decision- making bodies. The procedure is most often used in relation to the control by the courts of the administrative actions of public bodies. The general rule is that the courts will not interfere in the normal decision-making process. One of the most commonly applied rules is that derived from the case Associated Provincial Picture Houses v. Wed- nesbury Corporation [1948] 1 KB 223. This 'Wednesbury' principle is that the courts may interfere where the decision that has been taken is one that no reasonable body could have reached: it is accordingly formulated to curb excess of power, a concept known to Continental jurists as exces de pouvoir in France, where there is a long tradition of droit administratif, or administrative law. Recently, the distinction between public law control and private law has been emphasised,

221

judicial separation

and it has been said in the House of Lords that 'one can convenient- ly classify under three heads the grounds upon which administrative action is subject to control by judicial review. The first could I would call illegality, the second irrationality, and the third procedural impropriety': Council of Civil Service Unions v. Minister for the Civil Service [1985] AC 374. Traditional redress had been given and still is on the basis of ULTRA VIRES. Both in England and in Scotland, special procedures have been created to allow parties to obtain swift and competent decisions. Breaches of NATURAL JUSTICE fall within the grounds of such review as a form of procedural impropriety.

For Scotland, where the availability of judicial review is different, see West v. Secretary of State for Scotland 1992 SLT 636.

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