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In some jurisdictions, a petition for review is a formal request for an appellate tribunal to review the decision of a lower court or administrative body. [1] If a jurisdiction utilizes petitions for review, then parties seeking appellate review of their case may submit a formal petition for review to an appropriate court. [ 2 ]
Judicial review is a part of UK constitutional law that enables people to challenge the exercise of power, usually by a public body. A person who contends that an exercise of power is unlawful may apply to the Administrative Court (a part of the King's Bench Division of the High Court) for a decision. If the court finds the decision unlawful it ...
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]
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Some have argued that judicial review exclusively by the federal courts is unconstitutional [72] based on two arguments. First, the power of judicial review is not delegated to the federal courts in the Constitution. The Tenth Amendment reserves to the states (or to the people) those powers not delegated to the federal government.
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The remedies available in a judicial review action are the prerogative orders – the mandatory order (formerly known as mandamus), prohibiting order (prohibition), quashing order , and order for review of detention (habeas corpus) – and the declaration, a form of equitable remedy. All these remedies that the High Court may grant are ...