What is the scope of judicial review of administrative decisions?
Judicial review is a process in which the courts examine the decisions made by administrative agencies, such as those in California. The scope of judicial review is broad, although the courts will only overturn administrative decisions if they are contrary to the law or if the actual conduct of the decision-making process was improper. Generally, the courts will not question the policy decisions made by the administrative agency or review the factual determinations made by the agency, as these are seen as matters of executive discretion. However, decisions made by the agency must be consistent with the statutes, regulations, or other laws that govern the administration of the agency. If the court finds that the decision is inconsistent with the governing law, it can order that the decision be reversed. The courts can also consider whether the administrative agency followed the proper procedures in making the decision. For example, if the agency did not provide adequate notice or an opportunity for interested parties to be heard before making a decision, the court can reverse the decision or order that the agency follow proper procedures. Finally, the court can consider allegations of bias or other improper motivations on the part of the agency in the decision-making process. If the court finds that the decision was based on improper motives, it can order that the decision be reversed.
Related FAQs
How does administrative law differ from private law?What is the process for filing an administrative complaint?
What is the difference between administrative law and constitutional law?
What is the Federal Regulatory Flexibility Act?
What is the role of judicial review of administrative actions?
What is the scope of judicial review of administrative decisions?
What are the common procedures used in administrative law?
What are the rules governing judicial review of administrative actions?
What is the purpose of administrative review?
What are the different types of hearing available in administrative law?
Related Blog Posts
What Is Administrative Law: A Comprehensive Overview - July 31, 2023The Role of Administrative Law in the Legal System - August 7, 2023
Understanding the Difference Between Federal and State Administrative Law - August 14, 2023
Exploring the Power of Congress and Federal Agencies in Administrative Law - August 21, 2023
Navigating Administrative Law Litigation Strategies - August 28, 2023