The other is a duty. A duty is in the form "When Y happens, official O must
do X to citizen C”. A duty is authorised by any words that impose obligation,
such as "shall," "will," "must," or "should”. Because there is an obligation
there is no choice in the matter. The official must carry out the duty. Carrying
out a duty involves taking action.
Remedies
There are two remedies that are not a direct challenge to a decision, although
they may be a preliminary to such a challenge. Both of these can help the
citizen to make a direct challenge to the decision.
These are:
(1)
A person can sometimes obtain reasons for a decision.
(2)
A person can sometime obtain information held by the government
under what are commonly called freedom of information statutes.
There are remedies that directly challenge the decision. These are:
(1)
Review of Process. This refers to challenge to the process by which the
decision was made or a challenge for failure to make it or implement it.
Because review of process is commonly, but not necessarily, undertaken by a
court it is also called judicial review. Judicial review involves at its fullest
quashing the decision and ordering that the decision be remade. Remedies in
judicial review at common law are the prerogative writs of mandamus,
prohibition, certiorari and habeas corpus, and the equitable remedies of
declaration and injunction. Review of process is done by courts in judicial
review, by special review and by collateral review.
(2)
Review on the Merits. This is a challenge to the decision itself by a way
of having the decision remade. This is done by the original decision maker
(remaking the decision) or by some court or tribunal doing so.
Next, it is possible to obtain redress by damages or punishment of an
offender, although this is near the edge of administrative law. Administrative
misconduct may be subject to punishment by criminal law or provisions
conferring some other detriment, for example provisions providing for
dismissal of a person. Damages as compensation for an administrative wrong
is provided by four means -
tort, contract, special review, ie statutory
provisions for damages, or a voluntary (ex gratia) payment.
Regulatory Provisions
Regulatory statutes commonly have two core requirements. One requirement
forbids the activity while the second requirement allows the activity if the
person is legally licensed. In practice these requirements are implemented by
four provisions, three of which are essential and one of which (imposition of
conditions on the licence) is not essential but is commonly used because it
makes the regulation more effective:
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