Judicial review deals with three aspects-
- Judicial review of legislative action.
- Judicial review of the judicial action.
- Judicial review of administrative action.
When it comes to administrative law judicial review of administrative action becomes a vital part of it.
An administrative authority must have discretionary powers to resolve real-time issues. However, the decisions taken by exercising these discretionary powers must be reasonable. Reasonableness is the ‘Rule of Law’s’ response to the challenge of discretion. It brings discretionary powers closer to ‘rule of law’ ideas of transparency, consistency and predictability. Through the process of judicial review- administrative action and discretion are checked and controlled.
Judicial review ensures the legality of the administrative action and keeps the administrative authority within its bounds. The Court inquires if the administrative authority acted according to the law. However, the Courts cannot and do not substitute the opinion of the administrative authority with their own.