ARTICLE · 08 MARCH 2010

Brief Guide To Judical Review

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In Scotland, the Court of Session has a supervisory power to consider administrative actions to make sure that legal powers have been used lawfully and properly.

United KingdomGovernment, Public Sector

Jennifer Spence

WHAT IS JUDICIAL REVIEW?

In Scotland, the Court of Session has a supervisory power to consider administrative actions to make sure that legal powers have been used lawfully and properly. This is exercised through the process of judicial review.

THE AVAILABILITY OF ANY OTHER STATUTORY REMEDY

Before bringing a petition for judicial review, the Petitioner must have no other statutory remedy available to him, or must have exhausted any such remedies. So for example, if there is a statutory appeal procedure in place, the Petitioner must normally have taken that procedure to a conclusion before seeking judicial review. Where there is an alternative remedy available, the Petition for judicial review may be refused as incompetent.

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