What is the basis for judicial review of administrative decisions?

Judicial review of administrative decisions is a process in which a court reviews the legal validity of a decision made by an executive or administrative body. This review is conducted to ensure that the body’s decisions are not arbitrary or capricious. In Georgia, judicial review of administrative decisions is based on a number of legal principles, including due process rights, statutes, case law, and the Constitution. Due process is the fundamental legal principle that people must be given a fair and impartial hearing before any action is taken against them. This applies to administrative bodies, as well. If an administrative body makes a decision that violates an individual’s due process rights, it is subject to judicial review. Additionally, judicial review of administrative decisions may also be based on Georgia statutes. Georgia statutes are state laws that are enforced to protect the rights and interests of citizens. If an administrative body’s decision violates a statute, a court may review the decision. In addition to statutes, courts often rely on case law when conducting judicial review. Case law is legal precedent established by previous court decisions. Courts use case law to interpret statutes and ensure that decisions are consistent with the law. Finally, judicial review of administrative decisions in Georgia is based on the Constitution. The Constitution is the supreme law of the land, and courts must ensure that administrative decisions are consistent with its provisions. If a court determines that an administrative decision is unconstitutional, it may strike it down. In summary, judicial review of administrative decisions in Georgia is based on due process rights, statutes, case law, and the Constitution. This review process ensures that administrative decisions are fair and consistent with the law.

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