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