Law Commons^™

Mandamus To Review Administrative Action In West Virginia, Ray Jay Davis

West Virginia Law Review

Limitation by law of governmental action and legal responsibility of officials are ramparts in defense of constitutional democracy. The American people expect all branches of government-executive and legislative, as well as judicial-to protect us against arbitrary official action. Lawyers, however, are primarily interested in judicial restraints and limitations upon officialdom. This article is an examination of the West Virginia law concerning one of the methods used by courts to control administrative officers-the writ of mandamus.

Administrative Law -- 1957 Tennessee Survey, James B. Earle

Vanderbilt Law Review

Only a few cases by the Tennessee Supreme Court decided during the survey year considered questions of general administrative law. These concerned the timing and extent of judicial review of administrative action and the conduct of hearings by agencies.

Prerequisites to Judicial Review: Whether available administrative remedies must be exhausted by a litigant before seeking a review or other relief by court action is a question not always capable of exact prediction.' The "long settled rule of judicial administration that no one is entitled to judicial relief for a supposed or threatened injury until the prescribed administrative remedy has been …

Judicial Review In Europe, Gottfried Dietze

Michigan Law Review

The years following the Second World War witnessed a wave of constitution making in Europe. In East and West alike, popular government was instituted through new basic laws. But whereas the constitutions of Eastern Europe established a Rousseauistic form. of democracy through the creation of an omnipotent legislature, those of the West, while reflecting a belief in parliamentary government, to a larger or smaller degree limited the power of the legislature through the introduction of judicial review. This acceptance of judicial review can be attributed mainly to two factors. It sprung from a distrust of a parliamentarism under which, during …