ABSTRACT
The importance of remedies generally is reflected in the maxim ubi ius ibi remedium – where there is a right, there is a remedy. It is axiomatic that a legal right is of little, if any, use unless accompanied by an effective remedy. Remedies should be effective in terms of both procedure and effect, ie the procedure for obtaining the remedy should be clear, simple and speedy and the remedy once granted should be suitable to protect the legal right from infringement and/or to compensate the victim for such infringement. In the field of administrative law, remedies can be obtained speedily. In particular, interlocutory remedies are available pending the outcome of the full hearing. However, the rapid increase in applications for judicial review in recent years has imposed further pressure on the courts’ time and delayed the hearing of applications. Once obtained, the remedies are generally effective in protecting from continuing infringement of legal rights. However, it must again be remembered that the judicial power here is one of review. A decision challenged cannot be overturned on the merits and a fresh decision substituted. The decisionmaker is free to re-take the decision, provided he or she does so within the law.
