Mwelwa, Moses (2003) The Legal Fiction of Judicial Review: A Critique. Masters thesis, University of Zambia.
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Abstract
This research paper has been written as an attempt to define and redefine judicial review both substantively and procedurally. The work is divided into three chapters of reasonable lengths. Chapter one underscores the major concepts, requirements and limitations that are traditionally known to judicial review. These reflect the thinking of many scholars and judges. The whole rationale for and function of judicial review has been well espoused. For example what does it entail for judicial review to be a public law remedy? Is judicial review applied in discretionary or in prerogative maters? These are certain substantive aspects covered in chapter one. However, the core thesis of the paper is that the requirements on an application for judicial review impacts negatively on the rationale of and accessibility to judicial review justice. Therefore chapter two is wholly devoted to this procedural aspect of judicial review. Critical aspects like leave, sufficient interest, public law remedy and other features that are characteristic of judicial review have been discussed. These have been fairly criticized and reasons presented as to why these render judicial review procedure rather paradoxical and laborious. In this state of flux in as far as the judicial review procedure is concerned, it is helpful to suggest ways and means to improve the procedure. The author suggests in chapter threethat the work of reforming the judicial review procedure lies in partnership among the lawyers, the Law Development Commission, the Courts and Parliament. The chapter points out how this is possible. Although certain arguments herein may be difficult to understand, the reader is reminded that this is not uncommon in a work that is a critique. Therefore instead of dismissing the hard -to- assimilate concepts and suggestions, it is hoped that this paper will stimulate further thinking and research on the subject in order to expand the existing knowledge so that, together, we can help reform the law.
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Africana |
| Depositing User: | Geoffrey Obatsa |
| Date Deposited: | 15 Apr 2019 06:57 |
| Last Modified: | 15 Apr 2019 06:57 |
| URI: | http://thesisbank.jhia.ac.ke/id/eprint/9136 |
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