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In the context of control of discretionary powers, do you consider that the threshold of intervention in judicial review proceedings should vary depending on the subject matter of the decision?
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In the context of control of discretionary powers, do you consider that the threshold of intervention in judicial review proceedings should vary depending on the subject matter of the decision? What lessons can our courts learn from the manner in which the judiciary in other common law jurisdictions have approached this question? Introduction Judicial review proceedings exist to ensure that lower courts and administrative bodies do not act beyond or at variance with their inherent powers. If they do act in such a way, the reviewing court1 will take action to rectify. Where discretionary powers given to administrative bodies are abused, the court will usually grant an order of certiorari quashing the decision. Generally, this will only be done if some aspect of the decision making process is corrupt and not because the court merely disagrees with the conclusion arrived at2. If the decision is set aside, then the facts of that...
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