What is the role of judicial review of administrative actions?
Judicial review of administrative actions is the practice whereby court decisions may be used to review the legality of governmental actions and policies. In Washington, judicial review is an important part of the process by which administrative laws and regulations are determined to be constitutional and in accordance with state law. Under judicial review, the courts have the authority to declare an administrative action or policy unconstitutional, or otherwise illegal, if it violates the state or federal Constitution, or another law. In Washington, the courts engage in judicial review by examining the records of administrative proceedings and decisions. In doing so, the courts may reject or modify the agency’s decision based on whether it reasonably interpreted the law or was otherwise carried out lawfully. The courts may also choose not to review some administrative actions, such as those decisions made by an agency based on policy rather than law. The practice of judicial review gives the public a check on the power of government agencies, ensuring that those agencies carry out their responsibilities within the bounds of the law. It is an important tool for protecting the civil rights and liberties of Washington residents, as well as their economic and environmental interests.
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