1. Public Law Remedies

Public law remedies are specifically used when challenging actions taken by the government or its bodies. These are also called prerogative orders and were originally developed to ensure that the government did not overstep its boundaries. These remedies are granted more freely than private law remedies since they are used to keep the government in check.

Certiorari (Quashing Order)

Certiorari is a remedy where the court quashes or nullifies a government decision that was made illegally. Think of it as hitting the "undo" button on a government action. The idea is that the decision was never valid to begin with because the authority acted beyond its legal powers (ultra vires). For example, if a government agency makes a decision without having the legal right to do so, certiorari can be used to cancel that decision.

Example: If a local council approves a construction project without following proper environmental laws, a court can quash that approval, meaning it’s as if the approval never happened.

Prohibition (Prohibiting Order)

Prohibition prevents a government body from acting illegally in the future. If certiorari undoes what has already been done, prohibition stops something illegal from happening in the first place. It’s like telling someone, "Stop right there, you can’t do that."

Example: If a tribunal is about to make a ruling that exceeds its legal authority, a court can issue a prohibition order to stop the tribunal from proceeding.

Mandamus (Mandatory Order)

Mandamus is used when a government body refuses to act or fulfill its legal duties. It forces the agency or official to do what they are legally required to do. It's often used to combat government inaction, ensuring that public bodies perform their duties as required by law.

Example: If a government department fails to process applications for a social benefit that citizens are entitled to, a court can order mandamus to compel the department to start processing those applications.

Quo Warranto

Quo warranto challenges the right of a person to hold public office. It’s a remedy used to question whether someone has the legal authority to occupy a specific position of power. The court may declare that the person is not entitled to hold that office and may issue an injunction to remove them.

Example: If someone claims to be the mayor of a town without proper election or appointment, quo warranto can be used to challenge their claim and potentially remove them from office.

Habeas Corpus

This is one of the most well-known remedies and is a fundamental safeguard against unlawful detention. Habeas corpus means "produce the body," and it is used to release someone who has been detained without lawful grounds. This remedy protects the basic right to personal liberty, ensuring that no one is held without proper legal justification.

Example: If someone is arrested without being charged and detained for an extended period, they can file for habeas corpus to have a court review whether their detention is legal and, if not, order their release.

2. Private Law Remedies

Private law remedies were originally designed to address disputes between individuals or between individuals and private entities. However, over time, these remedies have also been applied to cases involving the government, especially where individual rights are affected.

Injunction

An injunction is a court order that either stops someone from doing something (negative injunction) or forces someone to take action (mandatory injunction). In public law cases, it can be used to prevent a government agency from acting unlawfully or to compel it to fulfill its obligations.

Example: If a government agency plans to demolish a historic building without proper consultation, a court can issue an injunction to halt the demolition.

Declaration

A declaration is when the court clarifies the legal rights of parties without necessarily enforcing any specific action. It’s a way of confirming what the law is in a given situation. It’s commonly used when there is uncertainty about legal rights, and the parties involved want a clear ruling on the matter.

Example: A person may ask the court to declare whether a government agency has the legal authority to implement a certain policy, without necessarily asking the court to stop or enforce the policy.

Damages

Damages refer to monetary compensation for harm or injury caused by an unlawful action. However, in cases of judicial review, damages are not automatically awarded simply because a government decision was found illegal. The person seeking damages must also show that their private legal rights were violated (e.g., a breach of contract or tort law).

Example: If a government body breaches a contract with a company, the company can seek compensation (damages) for financial losses due to that breach.

Administrative Liability

The idea of holding the government accountable for harm caused during its operations is known as administrative liability. Governments and public officials can be sued for damages just like private individuals or businesses. However, there are exceptions where officials may be immune from personal liability for actions taken in their official capacity. For instance, in Ethiopia, only certain high-ranking officials, like ministers and judges, are protected from being sued personally for official actions.

Strict Liability for Dangerous Activities: In cases where the government is involved in risky or dangerous activities (e.g., building a dam), it may be held strictly liable for any harm caused, even if no one was at fault. This is to ensure that people who suffer damage as a result of these activities are compensated.

Conclusion

Remedies in judicial review provide crucial mechanisms to keep government actions lawful and fair. Whether through public law remedies like certiorari and habeas corpus, or private law remedies like injunctions and damages, courts ensure that government bodies are accountable to the people. These remedies protect individual rights, prevent abuses of power, and uphold the rule of law in a democratic society.