Talk:Scots administrative law

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Copied from Scots law[edit]

Administrative law is that branch of public law which provides for judicial review of the decision-making process of Scottish executive officials. Decisions may be reviewed on specific grounds such as legality, procedural fairness, reasonableness (rationality) and compatibility with human rights and European law.^[1]

Judicial review is made by way of a Petition to the Court of Session in Edinburgh. If successful, the court may quash the decision, award damages, make a declaration and make interim orders, including interim interdict. Except where it is a European Charter of Human Rights case, the Court cannot review the merits of the case but, if it quash the decision, must send it back to be re-considered.^[1]^: 47

References

^ ^a ^b The Scottish Government, "Right first time: A practical guide for public authorities in Scotland to decision-making and the law", 2010, available online accessed 24 October 2011.

[rft-1] The Scottish Government, "Right first time: A practical guide for public authorities in Scotland to decision-making and the law", 2010, available online accessed 24 October 2011.

[1]