Common Legal Grounds for Judicial Review
Judicial reviews are often initiated on the basis of specific legal principles that govern the fairness and legality of decisions made by public bodies. These include:
1. Breach of Natural and Constitutional Justice
- Decisions must be made fairly and without bias.
- Authorities must follow the rule against bias and ensure all parties have an opportunity to be heard (audi alteram partem principle).
2. Reasonableness
- A decision can be challenged if it is irrational, illogical, or abuses jurisdiction.
- The decision must align with fundamental reason and common sense (Wednesbury unreasonableness test).
3. Legitimate Expectation
- An individual may have a reasonable expectation of receiving a benefit or privilege based on:
- An express promise from a public authority.
- A consistent practice that the individual could reasonably expect to continue.
4. Proportionality
- Any restriction imposed by legislation must not be excessive in relation to its objective.
- If a restriction disproportionately affects constitutional rights, it may be declared invalid.