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What is Judicial Review?
If you have been affected by a decision of the State, a State Body or a Regulatory Body and you are dissatisfied with that decision, you can challenge that decision in the Courts. The application that you make to the Court to challenge such a decision is known as an application for Judicial Review.
What decisions can be Judicially Reviewed?
Judicial Review applications frequently arise in relation to the following areas:
Social Welfare Refusals
Suspensions and Expulsion from Secondary School and Third Level Institutions
Decisions of Planning Authorities
Decisions of County Councils and Local Authorities
Decision of Semi-State Bodies
Decisions of Sporting Bodies
Decisions of Professional Regulatory Bodies including:
The Teaching Council
Education and Training Boards
Nursing and Midwifery Board of Ireland
Irish Medical Council
Law Society of Ireland
Pharmaceutical Society of Ireland
Time Limit :
An application for Judicial Review must be made within 3 months of the date of the decision. In some cases, if there is a good and sufficient reason for doing so, the Court may consider an application made after the 3 month time limit however this will be entirely at the discretion of the Court.
Decision v Decision Making Process:
The laws establishing State and Regulatory Bodies often set out strict legal procedures that these bodies must follow in arriving at a decision. While the Courts are entitled to review the merits of the decision itself, it is frequently the case that a Judicial Review application will be successful due to the incorrect procedure being followed when arriving at the decision.
What happens if my application for Judicial Review is successful :
If your application is successful, the Court may order one or more of the following:
Certiorari – An order quashing the decision;
Remittal – An order requiring the body to reconsider the decision;
Mandamus – An order requiring the body to perform a statutory duty;
Prohibition – An order preventing the body from acting unlawfully;
Damages – An order requiring the body to pay compensation to you;
Injunctive Relief – An order requiring the body to act or preventing the body from acting, usually given at an early stage in proceedings pending the outcome of the substantive Judicial Review application;
What to do if you are dissatisfied with a decision of the State, a State Body or a Regulatory Body :
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