Class notes
Lecture notes Constitutional and Administrative Law (LW1120) fair
- Course
- Institution
- Book
lecture notes on fair hearing
[Show more]
Connected book
Book Title:
Author(s):
- Edition:
- ISBN:
- Edition:
More summaries for
-
Lecture notes Constitutional and Administrative Law (LW1120)
-
Lecture notes Constitutional and Administrative Law (LW1120)
-
Lecture notes Constitutional and Administrative Law (LW1120)
Seller
Follow
reshmabegum
Content preview
Constitutional and Administrative Lecture 24.01.19What is a fair hearing?
Tucker LJ’s quote in Russell v Duke of Norfolk-administrative law is all about context; differs
in cases; law applied differently.
What is the content of a fair hearing?
Notice of the charge(information of the case against him/her)do you have to be
informed about what’s going to happen to you? “Rule of law requires that a
constitutional state must accord to individuals the right to know of a decision before
their rights can be adversely affected” (Lord Steyn in R v Secretary of State for the
Home Department, ex p Anufrijeva); core requirement of natural justice=have to be
informed. How much information must be given?
1. R v Gaming Board, ex p Benaim and Khaida=B&K applying for a certificate of
fitness to open a casino in London; not given that license by Gaming Board;
reason=they have a history of associating with criminals; when they refused
licence THEY DON’T TELL B&K WHY; cite it’s public interest reasons; go to
court because they want to be able to respond to allegations against them
and to find reasons; need enough info. to respond and courts agree to this;
need to be told the ‘gist’ of the case against them (Denning); don’t need to
know everything; Gaming Board said they didn’t give all the info. to protect
the source (reason wasn’t good enough; don’t need to be given confidential
info); need to be given enough info. to respond/explain their situation/put
up a case in defence; Denning-pragmatic balance; may be good reasons why
you can reveal all of info. In terms of legal certainty-‘gist’ varies from case to
case.
2. L v West London Mental Health Trust=L was a patient in a secure hospital
being moved to a high security hospital; solicitor not given notice about
meeting that was arranged by psychologists to assess whether or not he
should be moved; not allowed to attend/state a case; court ruled it wasn’t a
fair hearing in the division court/high court/court of appeal; judges in court
of appeal said it’s more flexible than that (doesn’t need to be told all info.;
just enough for patient to know what’s going on to know what’s going and
to be able to respond to charge)
3. Bourgass v Secretary of State for Justice-decisions related to solitary
confinement in prison; first decision to put someone in Solitary Confinement
for up to 72 hrs (no issue; natural justice doesn’t require specific process to
be put into place); decision to put them in for longer than 72 hrs was serious
and required a fair hearing; decisions made by panels; Bourgass out into
Solitary Confinement for a long time without being told why; reason first
released in trial (violent and recruiting/radicalising people in prison-
terrorism); did he have to be told of everything? He had to be told the gist;
enough to be able to argue against decision/put forward a case against that
decision; Ministry of Defence didn’t want to provide reasons because they
didn’t want to reveal informants in prison; but had to give him firm reasons
as to why he was serving such a long time in solitary confinement.
Does individual need to be given a hearing? In terms of a hearing, does it need to be
oral/on papers? In practise this is significant; psychologists say if you’re in person
can be more convincing etc.:
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller reshmabegum. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.67. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
67474 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now