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An example is a civil court trying a criminal charge. Mistakes as to the existence of a jurisdictional fact or other requirement when the relevant act treats that fact or requirement as something which must exist objectively as a condition precedent to the validity of the challenged decision.
Indeed, this is the only way the term is used in law professor Ernesto C. Salao's [note 2] widely cited 858-page book The 1987 Constitution of the Republic of the Philippines (2001 ed.). [25] It has come to be understood that it can be used in extraordinary cases to unseat judicial appointees, and impeachable officials, not only to challenge ...
In American legal language, "judicial review" refers primarily to the adjudication of the constitutionality of statutes, especially by the Supreme Court of the United States. Courts in the United States may also invoke judicial review in order to ensure that a statute is not depriving individuals of their constitutional rights. [4]
Judicial review of administrative decisions is different from an administrative appeal. When sitting in review of a decision, the Court will only look at the method in which the decision was arrived at, whereas in an administrative appeal, the correctness of the decision itself will be examined, usually by a higher body in the agency.
A party who wants the Supreme Court to review a decision of a federal or state court files a "petition for writ of certiorari" in the Supreme Court. A "petition" is printed in booklet format and 40 copies are filed with the Court. [33] If the Court grants the petition, the case is scheduled for the filing of briefs and for oral argument.
On 2 March 2012, Govt of India filed a review petition in Supreme Court seeking partial review of the court's 2 February 2012 order which had quashed 122 licenses. [5] The Govt questioned Supreme Court's authority over ruling against the first-come first-served policy but stayed away from challenging the cancellation of 122 licences issued during the tenure of A Raja as Telecom Minister. [6]
While dealing with the blatant misuse of Article 356, a nine-judge Bench of the Supreme Court reiterated that judicial review is a basic structure of the Constitution and held that the proclamation of the imposing President's Rule in the State is subject to judicial review in S. R. Bommai v. Union of India (1994). [3] [28]
The development of the law is largely on the basis of judicial precedent, which in recent times has been subject to review by the courts. [55] The concept of the judicial precedent and of 'review by the courts' is a key component of the British common law upon which Indian law is based.