Administrative Law Essay
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 the High Court to an inferior court or any authority exercising judicial functions to investigate and decide the legality and the validity of the orders passed by it. Ronaldo can apply for a remedy of certiorari following the reasons that the administrative body acted in excess of its powers of which is one of the suitable condition for the issuance of this remedy. The reason with which this order can be issued is due to the fact that the administrative body had exercised its powers in excess. In the case of R vs. Electricity commissioners,[3] it stated the conditions suitable for the application of the writ of certiorari in that when a body of persons having a legal authority to determine questions affecting the rights of subjects and having the duty to act judicially, acts in excess of their legal authority, they are subject to the controlling jurisdiction of the King’s Bench Division. Ronaldo can also base on the ground that there was a failure on the part of the Director of Trade to exercise his discretionary power. The conditions vested upon this ground, is that the same discretionary powers must be exercised by the person to whom it is vested and within the ambit of the law. For instance, in the case of Keshavan
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