2.10 Judicial control of the Executive

Judicial control of the executive, often referred to as judicial review, is a fundamental aspect of the separation of powers in democratic systems of government. It involves the role of the judiciary in ensuring that the actions and decisions of the executive branch of government (including government agencies and officials) are lawful and consistent with the constitution and the law.

The purposes of Judicial Review are as follows:

• To prevent excessive exercise of powers by administrative bodies and officials;
• To ensure that an individual is given fair treatment by Administrative authorities;
• To keep Administrative excesses in check and also to provide a remedy to those aggrieved as a result of excessive exercise of power by administrative bodies.

Grounds of judicial review

By looking at the grounds of judicial review, we will be studying the circumstances in which an aggrieved person may petition the High Court for Judicial Review.

Courts of Law will intervene in public administration in one or more of the following circumstances i.e. courts of law will review actions of administrative bodies in one or more of the following circumstances:

1. When a body acts ultra vires;
2. Unreasonableness;
3. When there is jurisdictional error;
4. When there is an error of law;
5. When there is an error of fact;
6. When there is an abuse of power;
7. When irrelevant considerations governed the making of a decision;
8. When there is bias;
9. When there is unfair hearing;
10. When there is procedural flaw;
11. When there is irrationality
12. When a public official or body acts in bad faith;
13. When there is breach of the principles of natural justice.