LAWS 2502 Lecture 4: 4
Document Summary
Judicial review and procedural control (a) judicial review and procedural control. Judicial review is an examination of an administrator"s decision to see if it was authorized by statutory or other governmental power. Judicial review remains the most common form of judicial control of administrative action. Judicial review is available only from the higher superior courts. Statutory exclusion: because the rules of natural justice are interpretive presumptions, they can be excluded by very explicit privative clauses in a constitutionally competent statute. Statutory inclusion: procedural safeguards are often provided for expressly in individual enabling acts, and sometimes in general statutory codes. Cooper principle: there is a general presumption in favour of natural justice, even in the absence of express statutory procedural requirements. In the absence of statutory procedural provisions, courts normally apply the rules of natural justice to all public statutory or prerogative decisions of administrators that seriously affect the rights or other interests of an individual.
