A Comparative Study Of Judicial Review In Common Law And Civil Law Jurisdictions

Download or read book A Comparative Study of Judicial Review in Common Law and Civil Law Jurisdictions written by Masunga James and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Administrative law has the objective of protecting individuals from the possible abuse that they can encounter from powerful administrative branch of the government. This law also governs the conditions and procedures in which administrative decisions can be reviewed by court. However, judicial review should be understood to refer to two situations: judicial review of administrative actions on constitutionality ground and other legally recognized grounds. With this regard countries follow different trends.In common law countries like Tanzania, USA, and England they entrust their ordinary courts to conduct such function. On the other hand in case of civil law countries like Ethiopia, France and Germany special administrative courts are entrusted to review the decisions of the administrative branch of the government on other legally recognized grounds. However, for reviewing these kinds of decisions on constitutional ground like Ethiopia, France opts for the constitutional Council which is a political organ to do such job. In case of German the country entrust such task to a constitutional court. This paper has analyzed law and practices in these two legal systems. The main aim is to establish whether there is any violation of some constitutional principles by any legal system.