The judicial review process allows an affected party to challenge the decision made by the regulatory or administrative body by seeking a review of the decision by a higher authority, typically a court of law.
Three main grounds of judicial review:
- Illegality. The regulatory or administrative body has acted outside its legal authority when imposing the sanctions (e.g. discretionality).
- Unfairness. The regulatory or administrative body has not followed a reasonable process. It might be because a decision-maker was biased or the institution was not given the chance to make representations.
- Irrationality. This applies when the decision to impose the sanctions is so unreasonable that no reasonable regulatory or administrative body could have made the decision in question. This may include a decision that is arbitrary, capricious, or based on irrelevant considerations.
