General Principles of Judicial Review

Abstract

In common law judicial review of administrative powers means review of the exercise of such powers by the ordinary courts, i.e., the courts which also decide the disputes between private persons. In Germany, as will be noted below, the ordinary courts, however have no jurisdiction to entertain the administrative law matters. Such matters are assigned specifically to the jurisdiction of the courts created specially for that purpose namely, the administrative courts.1 Judicial review of administrative powers in Germany, therefore, means review of the exercise of such powers by the administrative courts. The administrative courts should, however, be not confused with the administrative tribunals operating in the common law jurisdiction. While, in spite of their statutory status and independence from the executive, the administrative tribunals are still considered part of the executive branch of the Government, the administrative courts in Germany are strictly an integral part of the judiciary and share the judicial power of the state with the other courts. They are as independent from the executive as are the ordinary courts.2