Judicial Review: Ultra Vires Concept.
COLLEGE OF SOCIAL SCIENCES (COS)
DEPARTMENT OF POLITICAL SCIENCES AND PUBLIC ADMINISTRATION (PSPA).
PA 707: ADMINISTRATIVE AND LABOUR LAWS
PRESENTATION TOPIC: JUDICIAL REVIEW OF ADMINISTRATIVE
SUB TOPIC: ULTRA VIRES DOCTRINE.
SUPERVISOR: PROF.MOHAMMED A. BAKARI
STUDENT NAME: SWALEHE, Amani (MPA)
This presentation covers the “judicial review of administrative action: The Ultra Vires Doctrine”
Judicial Review is essentially a high court procedure by which an appellant request or ask the court to review the legality of the decision of the government ministers, departments, local authorities and any other public bodies.
The court may examine the decision to ensure that the public body made that decision had the power to make it or whether it adhered to the principles of fairness and reasonableness.
The court is not concerned with the merits of the decision itself, the court is only concerned with how the decision was reached.
Judicial review must be used where you are sought:
A mandatory order formerly known as an order of mandamus “we command”, Defined in a legal dictionary as a writ or order that is issued from a court of superior jurisdiction that commands an inferior tribunal, corporation, local authorities, ministers or individual to perform, or refrain from performing, a particular act, the performance or omission of which is required by law as an obligation.
A prohibition order is an order that preventing and forbid the public body from carrying it decisions which are contrary to the law or ultra vires. The court make the order only if the decision made by the public body did not adhere to the principle of natural justice, being ultra vires procedural or substantial or error in law.
An order of certiorari or quashing order, an order of a higher court issues to review the decision and proceedings of an inferior court or body acting in a quasi-judicial capacity and determine whether
References: Bradley, A.W. & K.D. Ewing (2011). Constitutional and Administrative Law, 15th edn. Essex Pearson Education Ltd. Chipeta, B.D. (2009) Administrative Law: A Digest of Cases, Mkuki na Nyota, Dar es salaam. Peter Onyede,(1973). Administrative Law in East Africa, Kenya Literature Bureau. Nairobi. Wade,W.R. (1982). Administrative Law, 5th edn. Clarendon Press, Oxford. All East African Law Report. All England Law Report. www.legaldictionary.thefreedictionary.com/judicial+review 7/5/2014, 05: 32 http://www.thelawdictionary.org/estopple/ 8/5/2014