Essay: Judicial review

Judicial review is the power of the courts to examine and review agency decisions based on the rules, regulations, and orders of an administrative agency. People and entities seek judicial review to obtain a remedy from an agency decision if they feel they have been injured.

Before seeking judicial review, the party must complete any appeal process with the agency, allowing the agency the opportunity to correct itself. Only available after all agency remedies and all agency processes have been completed. Judicial review is not automatically available to everyone displeased with an agency decision Standards and requirements established by laws and precedents govern access to judicial review of an agency decision. Courts are granted the power and authority to review administrative agency decisions by: The statute created the agency provides for judicial review. The federal and state constitutions or the federal and state general statutes provide for judicial review. To be accepted for judicial review, the appeal must follow the procedures and methods designated in the statute (place, time-limit).
Barriers to Judicial Review General Statutory Review Administrative Procedures Act (APA) Section 702 of the APA gives the right to review ‘to a person suffering legal wrong because of an agency action.’ Section 704 provides that ‘agency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court are subject to judicial review’ Section 706 proves, ‘To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning and applicability of the terms of an agency action.’

Source: Essay UK - http://lecloschateldon.com/essays/law/essay-judicial-review-2/


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