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G Article 146 Judicial Review of Administrative Action

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Chapter Summary

The Constitution introduced judicial review of administrative action as a separate jurisdiction distinguishable from every other judicial process. By confining the competence and jurisdiction of the Supreme Constitutional Court of Cyprus to judicial review of action or inaction of the Administration, the purity of the system of separation of powers is preserved as well as that of the judicial process. The public domain is contrasted to the private domain of law. Public administration operates as a rule in the public domain but its competencies do not end there. The Constitution introduces a strict time limit within which acts or decisions of the Administration can be challenged by way of judicial review. Decisions of the Court under Article 146.4 are binding upon all organs and authorities of the Republic.

Keywords: administrative action; Cyprus; judicial review; public administration; public domain; Supreme Constitutional Court



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