Judicial Review Notes
UNIVERSITY OF NAIROBI
FACULTY OF LAW
XXX
LLB II 2003
JUDICIAL REVIEW
LECTURE NOTES
JUDICIAL REVIEW Lecture 1
Judicial Review is the process through which an aggrieved person can find redress in a Court of Law. Judicial Review forms part of administrative law because it is the most appropriate way that an aggrieved party aggrieved by an administrative body can find redress.
Reading Material
1. Brian Thompson – Text Book on Constitutional and
Administrative Law 2nd Edition 1995.
2. Peter Cane, An Introduction to Administrative law 3rd Ed. 1996
3. P L O Lumumba – An outline of judicial Review in Kenya, 1999
4. Order 53 of the Civil Procedure Rules, Civil Procedure Act Cap
21
5. The Constitution 1998 – Revised Ed. 1998 (1987)
JUDICIAL REVIEW
Definition of Administrative Law –
Administrative Law can be defined as the law relating to public administration. It is the law relating to the performance, management and execution of public affairs and duties. Administrative law is concerned with the way in which the govt carries out its functions.
Administrative functions can be divided into a number of broad categories namely
1. Ministerial Functions; Examples of Ministerial Functions are those functions carried out or performed by Government
Ministers in their implementation of governmental policies and programs. Examples include appointment of public officials by
Ministers and the grant of ministerial approvals and consents.
2. Administrative Functions - these are the functions carried out by public officials and public bodies in their management of various governmental bodies in their provision of service for example educational services and in their administration of various social services as in the case of social security services.
Please note that management of public schools and universities
1
provide yet another example of administrative functions of governmental bodies.
3. Legislative Functions: These include the function of
FACULTY OF LAW
XXX
LLB II 2003
JUDICIAL REVIEW
LECTURE NOTES
JUDICIAL REVIEW Lecture 1
Judicial Review is the process through which an aggrieved person can find redress in a Court of Law. Judicial Review forms part of administrative law because it is the most appropriate way that an aggrieved party aggrieved by an administrative body can find redress.
Reading Material
1. Brian Thompson – Text Book on Constitutional and
Administrative Law 2nd Edition 1995.
2. Peter Cane, An Introduction to Administrative law 3rd Ed. 1996
3. P L O Lumumba – An outline of judicial Review in Kenya, 1999
4. Order 53 of the Civil Procedure Rules, Civil Procedure Act Cap
21
5. The Constitution 1998 – Revised Ed. 1998 (1987)
JUDICIAL REVIEW
Definition of Administrative Law –
Administrative Law can be defined as the law relating to public administration. It is the law relating to the performance, management and execution of public affairs and duties. Administrative law is concerned with the way in which the govt carries out its functions.
Administrative functions can be divided into a number of broad categories namely
1. Ministerial Functions; Examples of Ministerial Functions are those functions carried out or performed by Government
Ministers in their implementation of governmental policies and programs. Examples include appointment of public officials by
Ministers and the grant of ministerial approvals and consents.
2. Administrative Functions - these are the functions carried out by public officials and public bodies in their management of various governmental bodies in their provision of service for example educational services and in their administration of various social services as in the case of social security services.
Please note that management of public schools and universities
1
provide yet another example of administrative functions of governmental bodies.
3. Legislative Functions: These include the function of