JSB171 Lecture Notes - Lecture 1: Kuringgai, American Locomotive Company, Judiciary Act 1903
Document Summary
To understand common law remedies need to understand way in which you have to institute common law judicial review outside statutory judicial review. Courts over time allowed use of two remedies developed in equity to be used in administrative and public law: namely, 1. This writ is sought where you argue that the administrative body has gone off the rails before making its decision. It prevents the court from going any further: mandamus compels" a decision maker to make a decision. Requirements for relief: & b) certiorari & prohibition. Designed originally to control magistrates and visiting judges; originally available to correct jurisdictional error. However, grown to include specific types of non-jurisdictional error. Available if 2 elements of the atkin formula" are satisfied: r v electricity commissioners. Element 1: exercise of public power or authority. Only available in the exercise of public law, not private law rights by a public authority: r v british.
