Who Can Be Challenged in a Judicial Review?
Judicial review can be brought against any person or body exercising a public function. Typically, this includes entities established under legislation that grants them the statutory authority to make decisions.
Public Bodies Subject to Judicial Review
Judicial review applies to government ministers, public agencies, statutory tribunals, local authorities, and semi-state bodies that make legally binding decisions affecting individuals’ rights.
Judicial Review and the Courts
Judicial review cannot be used to challenge decisions made by the High Court or Supreme Court. These decisions can only be reviewed through appeal to a higher court rather than judicial review.
Judicial Review Against Private Entities
In some cases, private organisations may also be subject to judicial review if they are carrying out public functions. For example, judicial review proceedings were brought against the Irish Coursing Club Limited, a private company, because it was assigned certain statutory responsibilities under the Greyhound Industry Act 1958.
This ensures that public powers, even when exercised by private entities, remain subject to legal oversight.