Is Judicial Review an 'appeal'?

Question

BlackTom AI · Accepted Answer

The question asks: Is Judicial Review an 'appeal'?
Option 1: 'No.' This statement aligns with the standard distinction in many legal systems between judicial review and appeal. Judicial review typically examines whether a decision-maker acted within the law, followed proper procedures, and stayed within boundaries of their jurisdiction, rather than re-evaluating the merits of the decision as an appellate court would. This focuses on legality rather than substituting the decision-maker’s assessment with a new one from the reviewing court.
Option 2: 'Yes.' This option would be incorrect because an appeal generally involves reviewing the correctness of a decision on its merits, possibly allowing the appellate court to substitute its own judgment for the original decision. Judicial review, by contrast, does not usually reassess the factual or substantive merits but checks legality, rationality, process, and jurisdiction. Misconceptions here might stem from conflating the power of review with merits-based reconsideration, but the core purpose of judicial review is legality, not de novo redecision.
Further nuance: Some systems distinguish between errors of law (which can be grounds for judicial review) and errors of fact or discretionary judgments (often not subject to de novo review). This reinforces why it is not considered an ordinary appeal. 
In short, the underlying concept is that judicial review scrutinizes the legality and propriety of a decision, while an appeal re-examines the decision on its merits; thus, the characterization as an 'appeal' is not accurate.

LAW1240 (24/25) QUIZ: Check your knowledge of the nature of administrative law, procedure, amenability, standing, and remedies.

Is Judicial Review an 'appeal'?

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