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Remedies for Judicial Review

The types of remedies for judicial review are legal mechanisms that courts can use to address issues related to administrative decisions and actions. These remedies are designed to ensure that government bodies and officials act within the bounds of the law and adhere to principles of fairness and reasonableness.

Prohibition: In a prohibition order, the court restrains or prevents a government body or official from taking a particular action. This remedy is used when it is believed that the body under review is about to do something that is beyond its legal authority or is unlawful.

Mandatory order: A mandatory order, also known as mandamus, compels a government body or official to perform a specific act or duty that they are legally required to do but have failed to do so.

It is used when the body under review is refusing to fulfil its legal obligations or duties.

Quashing order: A quashing order, also known as certiorari, is used to set aside an original decision that is considered invalid, unreasonable, or unlawful. The decision is typically returned to the original decision-making body for reconsideration. The court does not replace the decision with its own but ensures that the decision-making process adheres to the law and fairness principles.

Declaration: A declaration is a remedy in which the court formally states the legal rights or positions of the parties involved in the case. It is used to clarify legal rights and relationships without directly overturning a decision or requiring specific actions.

Injunction: An injunction is a court order that restrains a decision-maker from taking a specified action, typically when that action is not within their legal authority or would cause harm. It is used to prevent officials from acting in a manner that they are not entitled to or to halt actions that could cause harm or be unlawful.

These remedies for judicial review help ensure that government decisions and actions comply with the law, are fair, and respect the rights and interests of individuals and organisations affected by those decisions. They offer a range of options for courts to address administrative matters and maintain the rule of law.

You can learn more about this topic with our Public Law and Administrative Law notes.

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