A Brief on Judicial Review

What is Judicial Review?

Judicial Review is a process where someone of a high authority will review the decisions of the lower courts. For instance, the Appellate Supreme Court is higher than Superior in a judicial review, a judge may look to see if they abused or over used their power in a wrong way.

In short, judicial review is basically when a Supreme Court (highest court where they have article 3 judges) will review the decisions of the lower courts and see if what they did was lawfully right and by the constitution. Magistrates must uphold their oath of office and bond, as these judges took an oath and bond to uphold the constitution. The people and judges themselves must honor it.

The judges will see if they can consider if they have gone beyond their power or got it wrong at law. They will look to see if the decision was lawful or wrong, rather than seeing if they will make a new decision. If they see their decision and actions were unlawful, they will take the case again and re-do it right this time.

You can do a judicial review where one of the many decisions involved in error of law.

There’s, however, a time limit with judicial review. Within 30 days of the decision or giving of reasons under Administrative Law Act 1978 and within 60 days of the decision, under Supreme Court and under General Rule of Civil Procedures Rules.