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Which parts of an administrative decision can a court examine during judicial review?
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Administrative law
Cartoon depicting a uniformed Interstate Commerce Commission officer shining a large searchlight on U.S. railroad executive Edward Henry Harriman, who is struggling to carry a large load of packages and toy trains, some labeled “merger.”
In the context of administrative law, judicial review serves as a critical mechanism for examining the legal competence and actions of public authorities. When a court or tribunal conducts a review of an administrative decision, it may scrutinize several specific aspects:1
- Legal Competence and Jurisdiction: Whether the public authority acted within the scope of its legal powers and jurisdiction.12
- Procedural Fairness: The adequacy and fairness of the procedures followed by the agency.12
- Evidence and Rationality: The evidence considered in reaching the decision and whether there was a rational or factual basis to support the conclusion.12
- Legal Application: Whether the governing law was correctly interpreted and applied.2
- Discretionary Power: The nature and scope of the authority's discretionary power, including whether that power was abused.13
- Motives: The underlying motives for the administrative act or decision.1
Generally, courts are reluctant to substitute their own judgment for that of the administrative agency, as they often defer to the agency's specialized expertise. Consequently, judicial review is typically less effective at inquiring into the wisdom, expediency, or reasonableness of an administrative act.12