Administrative Law Essay

Words: 2188
Pages: 9

PART A: This problem is a straight forward problem in judicial review and prerogative remedies. Judicial review can be done through Prerogative orders. Judicial review refers to the Court’s review of a lower or administrative body’s factual or legal findings[1]. Prerogative remedies are remedies which if not always are designed from the first for the control of governmental duties and powers, have long been used for the purpose especially[2]. These remedies are such as certiorari, mandamus, prohibition, quo warranto and habeas corpus. Appropriate remedies which Cristiano Ronaldo may seek in an action before the High Court and the reasons for seeking of each of the remedies are; Certiorari, this is an order issued by …show more content…
Secretary of Home Affairs[13] .
Grounds upon which Cristiano Ronaldo would advance in his argument to convince the court to grant him remedies he seeks are; Violation of the rules of natural justice, remedies can be issued where there is a violation of natural justice. In this problem Cristiano Ronaldo was not given a hearing thus the right to be heard before the renewal of his license was refused by the Director of Trade. The right to be heard is derived from the Latin maxim ‘audi alteram partem’, which simply means hear the other side. Under this the person to be affected by the decision of the administrative body must be given a notice of the case against him so that he can defend himself for example in the case of R v. University of Cambridge[14], the applicant was deprived of his degree on allegations of misconduct but no notice was given to him. The court quashed the decision for the breach of the rules of natural justice. Ronaldo was not given any prior warning by the Local licensing authority Also there is hearing thus the must be given a fair opportunity to present his case and contradict any statement prejudicial to his interests. In this problem Ronaldo was not given a hearing for example in the case of Felix Bushaija and Others v. Institute of Development Management Mzumbe and Others[15]; in this case the students were expelled from the institution without a hearing. They made application for prerogative orders of certiorari,