Judicial Review is a specialised High Court procedure used to challenge the legality of decisions made by public bodies. It is governed by Order 84, Rule 18 of the Rules of the Superior Courts.
Judicial Review does not focus on whether the decision was right or wrong in its substance. Instead, it focuses on how the decision was made—whether it was lawful, fair, and within the powers of the decision-maker.

Three Core Principles of Judicial Review

When assessing a Judicial Review application, the High Court considers three key questions:

1. Authority to Decide
◦ Did the person or body making the decision have legal authority to do so?
◦ Was the decision made within the scope of their power under law?
2. Fairness of Procedure
◦ Was the process fair and procedurally correct?
◦ Were all relevant facts and evidence considered?
◦ Was there any bias, denial of natural justice, or failure to follow due process?
3. Legality of the Decision
◦ Did the decision comply with all relevant laws, regulations, and procedural safeguards?

🧠 Important: Judicial Review does not examine the merits of the decision. It is not an appeal—it is a check on lawfulness, not correctness.
Available Remedies in Judicial Review
If the court finds that the decision was made unlawfully or unfairly, it may grant one or more of the following remedies:

1. Mandamus

◦ An order compelling a public authority to perform a legal duty it failed to carry out.

2. Certiorari

◦ An order to quash or set aside the unlawful decision or act.

3. Prohibition

◦ An order preventing the authority from taking an unlawful action or continuing with an unlawful process.

These are the only types of relief available. The court will not substitute a new decision or grant compensation—it simply rules on the lawfulness of the original action.

Judicial Review Procedure
The Judicial Review process is two-staged and does not begin with a Notice of Motion like other civil cases. Instead, it begins with an ex parte application (meaning without notice to the other side) to seek permission (leave) to apply for Judicial Review.

🧾 Stage One: Application for Leave

• File an Ex Parte Docket
• Include a Grounding Affidavit, which outlines the factual background and legal grounds for the review
• Attach a copy of the decision or act being challenged

The court will examine whether your case has a sufficient legal basis and whether you are within the time limit (typically within 3 months of the decision). If the judge is satisfied, you will be granted leave to proceed.

🧾 Stage Two: Full Judicial Review Hearing
Once leave is granted, you move to a full hearing where the public body is notified and may respond. The court will review the case in detail and decide whether to grant any of the legal remedies listed above.