Introduction
Judicial review is crucial in guaranteeing that laws are correctly applied and upheld. A significant amount of power is delegated to agencies and other government entities when making decisions and enforcing the law. However, courts have the authority to review these actions and intervene in their application. This article will examine why courts should review the actions of agencies when they should defer to administrative bodies, the kinds of reviews courts can conduct, and the ability to replace agency decisions with their own.
Importance of Judicial Review
Courts should review agencies’ actions to ensure that they make lawful decisions and apply the law correctly. If an agency makes an unlawful decision or misapplies the law, courts are entitled and obligated to review its actions and impose the necessary constraints (Khurshid et al., 2020). This gives people the right to challenge agencies’ actions and have the opportunity to get a fair resolution of legal issues.
Courts should defer to administrative agencies when those organizations possess specialized knowledge in a specific field. Administrative agencies are often staffed with experts in the field in which they operate, and they have access to technical knowledge and resources that courts do not possess (Khurshid et al., 2020). Courts should not defer to administrative organizations when the agency’s action is unconstitutional or contrary to the law (Khurshid et al., 2020). A judicial review is necessary to ensure that the agency complies with the Constitution and the law, and that courts cannot abdicate this responsibility.
Types of Judicial Review
Courts can conduct various kinds of reviews. They can review the legality of agencies’ actions and their correct application. They can also review the arguments and evidence presented by administrative bodies and make decisions primarily based on these arguments and evidence (Khurshid et al., 2020). Courts can also make decisions based on other evidence that the parties may present.
Courts have the right to replace agency decisions with their own. This is because courts have the right to make decisions based on the legality of the agency’s actions and their correct application (Khurshid et al., 2020). If the court finds that the agency’s actions are unlawful or misapplied, it can set aside those decisions and replace them with its own.
Conclusion
Judicial review is essential in ensuring the proper enforcement of the law. Courts have the right to review the actions of agencies and impose constraints if an agency makes unlawful decisions. In making decisions, courts should defer to administrative bodies, but there are exceptions when they can defer to the decisions of administrative bodies. Courts can also conduct various reviews and replace agency decisions with their own if they find them unlawful or incorrect.
Reference
Khurshid, S., Luthra, S., Malik, L., & Bedi, S. (2020). Judicial Review. Cambridge University Press.