Section 5 Judicial Review

• Library: Administrative Law 2011

The details of the procedures to obtain judicial review of contested and noncontested cases are set out in Chapter 4. The discussion in this chapter provides an overview and discusses the constitutional and statutory bases for judicial review of agency actions.

The Missouri Constitution guarantees that administrative acts are subject to judicial review. The Constitution provides the minimum review in contested cases:

All final decisions, findings, rules and orders on any administrative officer or body existing under the constitution or by law, which are judicial or quasi-judicial and affect private rights, shall be subject to direct review by the courts as provided by law; and such review shall include the determination whether the same are authorized by law, and in cases in which a hearing is required by law, whether the same are supported by competent and substantial evidence upon the whole...