What is the basis for judicial review of administrative decisions?
Judicial review of administrative decisions is a process in which a court reviews an administrative decision to determine if it was reasonable, consistent with the law, and made in good faith. In South Carolina, the basis for judicial review of administrative decisions is found in the South Carolina Administrative Procedures Act. Section 1-23-310 of the Act allows for judicial review of agency decisions, stating that “A person may obtain judicial review of any final decision of an agency…which affects the legal rights, duties, or privileges of such person.” If a court finds that an administrative decision is unreasonable, inconsistent with the law, or not made in good faith, it can overturn the decision and require the agency to make a new decision. Judicial review of administrative decisions is an important part of the law in South Carolina because it allows individuals to challenge decisions made by government agencies and ensures that the government is following the law.
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