What is the basis for judicial review of administrative decisions?

Judicial review is the process by which courts examine and decide whether the actions of administrative agencies in North Carolina are consistent with state and federal laws. Judicial review is based on the idea that the government should be held accountable to the rule of law, and courts can provide a neutral forum to ensure agencies are following the law. In other words, judicial review is a check on the power of administrative agencies. In North Carolina, judicial review of administrative decisions is based on the Constitution, statutes, and common law. The Constitution sets out the basic principles of our government and that powers are delegated among the three branches of government. Statutes are laws passed by the state legislature that provide further detail on how agencies should act. The common law is the set of principles that the courts have established over time to guide decision making. When reviewing an administrative decision, courts take into account whether the decision was reasonable, consistent with the law, and based on evidence. Courts also consider whether the agency followed proper procedures when making its decision, such as giving notice to those affected by the decision and giving people an opportunity to provide input. In North Carolina, judicial review is a vital part of the government’s system of checks and balances. It allows the courts to ensure that agencies are following the law while also holding them accountable for their decision making.

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