JUDICIAL REVIEW ORDERS

Orders of review If an application for judicial review under common law principles is successful, the court may, in its discretion, grant a remedy to solve the problem. The following five remedies are available:

• declaration—a formal statement by the court that an action or decision is unlawful. It is not contempt of court to ignore or defy a declaration, but the government will ordinarily comply with the terms of a declaration

• injunction—an order that something be done or some action taken (a mandatory injunction), or that an administrative body cease or refrain from doing an act (a prohibitive or negative injunction). Most injunctions in administrative law are prohibitive in form. Unlike a declaration, an injunction has a coercive effect, and it is contempt of court to disobey an injunction

• mandamus—an order by the court requiring an administrative body to perform an act (e.g. make a decision)

• certiorari—an order that quashes a decision that has been made unlawfully prohibition—an order requiring a body to cease proceedings because it lacks jurisdiction or has exercised its jurisdiction improperly. It is the appropriate remedy when the proceedings are only partly completed, and it prohibits the body from proceeding to make a decision. 

• prohibition—an order requiring a body to cease proceedings because it lacks jurisdiction or has exercised its jurisdiction improperly. It is the appropriate remedy when the proceedings are only partly completed, and it prohibits the body from proceeding to make a decision.