Asked by Harmanveer Singh on May 05, 2024
Verified
Which of the following is false with regard to administrative law?
A) A writ of certiorari renders the decision of an inferior body as having no legal effect.
B) A writ of mandamus can force the administrator to perform his or her duty.
C) If a person's rights have been violated by an administrative tribunal, he can go to the courts for a judicial review, which is not truly an appeal, but merely a request for the court to exercise its supervisory jurisdiction.
D) A privative clause will always successfully prohibit the courts from reviewing a decision made by a tribunal.
E) A court can exercise its right of judicial review when an error of law on the record has been made.
Writ of Certiorari
An order issued by a higher court to a lower court to transfer the records of a specific case for review.
Administrative Law
The rules and regulations governing the function and powers of the executive branch of government.
Judicial Review
Power held by the courts to review decisions made by administrative decision makers.
- Recognize the functions and limitations of judicial review in administrative law.
Verified Answer
XT
Xavier ThompsonMay 09, 2024
Final Answer :
D
Explanation :
A privative clause aims to limit judicial review of administrative decisions, but it does not always successfully prohibit courts from reviewing a decision. Courts can sometimes review decisions despite a privative clause if there's a significant error or issue of jurisdiction, legality, or fairness at stake.
Learning Objectives
- Recognize the functions and limitations of judicial review in administrative law.