Judicial Review of Administrative Actions

From the study guide

Judicial Review of Administrative Action: A Comparative Perspective

1. 📌 Essentials

  • Judicial review assesses legality and reasonableness of administrative decisions across legal systems.
  • Roots include natural justice, proportionality, and legality principles.
  • French "Excès de pouvoir" grounds: incompetence, illegality, purpose.
  • UK standard: Wbury unreasonableness—decisions so absurd no reasonable authority could make them.
  • US APA (1946): review grounds include arbitrary/capricious and abuse of discretion.
  • Chevron (1984): two-step test for agency interpretations—ambiguity and permissible interpretation.
  • EU proportionality: suitable, necessary, and balanced measures.
  • Review intensity varies: deference ("soft") vs. strict ("hard look").
  • Complex technical assessments often involve deference but may be scrutinized for scientific reliability.
  • Italian courts historically weak; recent shift toward detailed, scientific, and proportionality review.
  • Judicial activism prevalent in economic regulation, health, and fundamental rights.
  • Institutional features (specialized courts, expertise) influence scope of review.
  • Streamlining aims for clearer criteria, predictability, and institutional balance.

2. 🧩 Key Structures & Components

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Practice quiz preview

1. What is the primary focus of judicial review in administrative law as discussed in the course?

2. Which standard of review is characterized by a broad, variable approach where courts assess whether a decision is so unreasonable that no reasonable authority could have made it?

3. According to the course, how do EU courts generally approach the review of economic regulation and fundamental rights?

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Flashcard preview

Judicial review — definition?

Legal oversight of administrative decisions.

UK standard — Wednesbury?

Decision so unreasonable no reasonable authority could make it.

Chevron — two-step test?

Ambiguity of statute; permissible agency interpretation.

Judicial review — assesses?

Legality and reasonableness of decisions

French 'Excès de pouvoir' — grounds?

Incompetence, illegality, purpose

UK standard — Wednesbury?

Decisions so absurd no reasonable authority could make them

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Frequently asked questions

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How many questions are in the Judicial Review of Administrative Actions quiz?

The practice quiz has 10 multiple-choice questions, each with an explanation. Use it to check what you know and find your gaps.

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