What is the basis for judicial review of administrative decisions?
Judicial review of administrative decisions is a process that allows courts to examine government decisions and determine whether or not they are valid and constitutional. In Texas, the basis for judicial review of administrative decisions is found in the state constitution and statutes. According to the Texas Constitution, all administrative decisions must be “based upon substantial evidence and made according to law.” This means that a court can review an administrative decision to determine whether or not the decision was based on adequate facts to support the decision, and that the decision was made in accordance with the law. When a court reviews an administrative decision, it will typically ask two questions. First, was the decision arbitrary or capricious? This means if the decision was made without taking into consideration any relevant facts or laws, the decision may not be valid. Second, was the decision made in the best interest of the public? If the decision is not in the best interest of the public, it may be void. In summary, judicial review of administrative decisions in Texas is based on the state constitution and statutes. A court can review an administrative decision to determine if it was based on adequate facts, if it was made in accordance with the law, if it was arbitrary or capricious, and if it was in the best interest of the public.
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