Judicial Review of Administrative Actions

Revision sheet excerpt

Judicial Review of Administrative Action: A Comparative Perspective

1. 📌 Essentials

  • Judicial review assesses legality and reasonableness of administrative decisions across legal systems.
  • Roots include natural justice, proportionality, and legality principles.
  • French "Excès de pouvoir" grounds: incompetence, illegality, purpose.
  • UK standard: Wbury unreasonableness—decisions so absurd no reasonable authority could make them.
  • US APA (1946): review grounds include arbitrary/capricious and abuse of discretion.
  • Chevron (1984): two-step test for agency interpretations—ambiguity and permissible interpretation.
  • EU proportionality: suitable, necessary, and balanced measures.
  • Review intensity varies: deference ("soft") vs. strict ("hard look").
  • Complex technical assessments often involve deference but may be scrutinized for scientific reliability.
  • Italian courts historically weak; recent shift toward detailed, scientific, and proportionality review.
  • Judicial activism prevalent in economic regulation, health, and fundamental rights.
  • Institutional features (specialized courts, expertise) influence scope of review.
  • Streamlining aims for clearer criteria, predictability, and institutional balance.

2. 🧩 Key Structures & Components

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Quiz preview

1. What is the primary focus of judicial review in administrative law as discussed in the course?

2. What are the roots of judicial review as outlined in the revision sheet?

3. Which standard of review is characterized by a broad, variable approach where courts assess whether a decision is so unreasonable that no reasonable authority could have made it?

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Flashcards preview

Judicial review — definition?

Legal oversight of administrative decisions.

Judicial review — assesses?

Legality and reasonableness of decisions

UK standard — Wednesbury?

Decision so unreasonable no reasonable authority could make it.

French 'Excès de pouvoir' — grounds?

Incompetence, illegality, purpose

Chevron — two-step test?

Ambiguity of statute; permissible agency interpretation.

UK standard — Wednesbury?

Decisions so absurd no reasonable authority could make them

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Frequently asked questions

What does the revision sheet on Judicial Review of Administrative Actions cover?

The revision sheet covers the essential concepts of Judicial Review of Administrative Actions. It is organized by topic to facilitate learning and memorization, with key definitions, explanations and summaries.

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How many questions are in the Judicial Review of Administrative Actions quiz?

The quiz contains 10 multiple-choice questions with detailed corrections and explanations for each answer. Ideal for testing your knowledge and identifying gaps.

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How to study Judicial Review of Administrative Actions with flashcards?

Revizly offers 10 interactive flashcards on Judicial Review of Administrative Actions. Each card presents a question on the front and the answer on the back, enabling active and effective revision based on spaced repetition.

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