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What Are Remedies?
In law, a remedy is the solution or enforcement granted by a court when a legal issue is brought before it. When someone challenges a decision made by a government agency or authority through a judicial review, they are essentially asking the court to step in and fix an issue they believe to be wrong. The remedy they seek could involve canceling the decision, stopping an illegal action, or forcing the authority to take certain steps. Remedies ensure that the actions of government agencies follow the law and protect individuals from unfair decisions.
Read more: Public and Private Law Remedies: Safeguarding Accountability and Upholding Justice
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Needless to say those courts do not have an unlimited power to supervise the activities of administrative agencies. The principle of separation of powers dictates the various organs of the government to act within the scope of their respective sphere of powers and refrain from interfering on matters that are exclusively entrusted to others. So, judicial review does not authorize the court an outright power to interfere on administrative matters. The rational behind the need for the determination of the justifiable grounds of judicial review is, thus, to delineate the boundary where judicial review may be available to challenge administrative decisions.
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The term ‘judicial review’ has different meaning and scope in different jurisdictions. For example, in the United States, judicial review refers to the power of a court to review the actions of public sector bodies in terms of their lawfulness, or to review the constitutionality of a statute or treaty, or to review an administrative regulation for consistency with a statute, a treaty, or the Constitution itself.
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As it has been thoroughly discussed in the previous units, there are great possibilities that the three powers of government may be concentrated in the hands of many administrative agencies. The delegation of rulemaking and adjudicating powers to administrative agencies become an inevitable phenomenon of the complex technological world. In addition to the broad discretionary administrative powers originally entrusted to the executive organ and its agencies by the constitution, the delegation of rulemaking and adjudicating powers to these agencies, although may be justified by certain social and economic rationales, pose an inevitable threat on individual freedom and liberty. As propounded by the French political philosopher, Montesquieu, where the tripartite powers are merged in the same person, or in the same body, there can be no liberty as the life and liberty of the subject would be exposed to arbitrary control.
Read more: The Need for Controlling the Powers of Government