Admin law and Human rights Essay Example | Topics and Well Written Essays - 2000 words

Admin law and Human rights - Essay Example Factors considers in this respect include irrational decisions, biasness, a breach of human rights or other stipulated laws; as a result of initiating judicial review since 1985 in the UK, unlawful decisions in the public realm are challenged in the court of law. Compainants can also file a case if they feel that further ctions need to be taken after completion of trial.1This occurs through filing official complaint by following the right procedure as stipulated by the complaints procedure. In addition, judicial review has established alternative mechanisms such mediation and other dispute resolution mechanisms. Further, as a result of judicial review, other laws exist such as social security and immigration law2. Judicial review provides citizens with a leeway to redress grievances where decisions or actions are executed in unlawful manner. Through this mechanism, complainants obtain compensation to cover damage or loss from actions by public bodies that is not public law. Currently , citizens have a right to apply for public law remedy. The existence of public funds assists in terms of facilitating a judicial review. To access public funding, the complainants need to meet the required criteria. Through a review; a judge can review whether a decision is executed lawfully by the right authority, and in this context, a public body. A review is possible where: there is biasness in terms the public body arriving at a decision considered unlawful or no other alternative remedy 1. The genesis of new remedy dates back to 1978, as applied in England and Wales, this was brought about by Order 53 that focuses on rules established by the Supreme Court; further, Order 53 allows for private remedies. This includes filing unlawful decisions in the courts, as a result of the Order; complainants have opportunity to challenge executive action3. Exclusive powers often impede on judicial review; therefore, judicial review since 1985 forms part of public life. Prior to the establi shment of judicial review, executive actions were not questioned, this impeded on individuals rights4. Establishing judicial review contributes to an increase of cases filed in courts; in essence, there is more clout in terms of the judiciary intervening in unlawful decisions by the public bodies5. However, despite judicial review cutting on executive action, it is subject to abuse. Individual may capitalize on the procedure to delay rulings touching on public policies. Tighter controls should be established, this would help in terms of minimizing piling up of cases in courts and a fast execution of justice. As a specific measure, judicial review should focus on genuine complaints, this assists significantly in holding public bodies’ responsible6. Through the review process, the government is kept at bay regarding enforcement of various public policies7. Challenging decisions arrived by public bodies is important in terms of maintaining balance and check to curb on abuse of p ower. In a case of  Sackett v. U.S. Environmental Protection Agency, for example, the Court unanimously agreed the couple were entitled to an early federal court review of an EPA compliance order declaring that they filled wetlands on their property illegally8.   This process is synonymous with statutory appeal; however, application for court proceedings has a stipulated period, this must not exceed utmost three months. Successful judicial reviews often lead to nullifying the previous decision; therefore, nullifying decisions means, the complainants obtains new ruling favourable to all parties. Regarding the issue of time limits, judicial review applications are endorsed by the court. The first step in the process involves writing a