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Summary Public Law Revision
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Revision Notes for Public Law Exam
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PUBLIC LAW REVISIONTable of Contents
TOPIC 1- JUDICIAL REVIEW........................................................................................................................1
TOPIC 2- JUDICIIAL REVIEW: JUSTIICIABILITY & OUSTER CLAUSES.............................................................3
TOPIC 3- JUDICIAL REVIEW: GROUNDS OF REVIEW...................................................................................4
TOPIC 4- TRIBUNALS.................................................................................................................................7
TOPIC 5- OMBUNDS & INQUIRIES.............................................................................................................8
TOPIC 6- HUMAN RIGHTS & REFORM......................................................................................................10
TOPIC 7- ARTICLE 9 & 10 ECHR................................................................................................................12
TOPIC 1- JUDICIAL REVIEW
ADMINISTRATIVE LAW
administrative law constitutes the rules which determines what constitutes a proper
performance of administrative tasks by government civil servants and other public employees
and organisations
Administrative law is the law which establishes the mechanisms through which those exercising
public authority are held to account
is about mediating the relationship between us as individuals or organisations and businesses
and the state
administrative law mechanisms= JR, Tribunals, Ombunds, Inquiries
JUDICIAL REVIEW
role of judicial review = mechanism for ensuring the accountability of the executive and is a
safeguard against the misuse of delegated power
JR allows the courts to rule on the legality of decisions made by a public body and, in some cases,
overturn them
“Judicial review is the procedure by which an individual, company, or organisation may challenge
the act or omission of a public body and ensure that the public body meets its legal obligations.”
The Administrative Court Judicial Review Guide 2020
court should not look at ‘the reasoning of the subordinate authority with a view to substituting
its own opinion.’>> JR focuses on the way the decision was made & not the merits of the case
An act of parliament grants power to a public body who then exercises power. If the PB behaved
illegally when making a decision than an action of JR is brought to the court
Constuitutional issues
o Government can sometimes become frustrated with decisions made by the courts about
their actions
, o government is concerned about the tension between on the one hand the purpose of
judicial review to challenge government action and the government’s desire to get on
with what it wants to get on with
o government does not want to be challenged as they think what they are doing is correct
o “… whether the right balance is being struck between the rights of citizens to challenge
executive decisions and the need for effective and efficient government.” Ministry of
Justice, IRAL summary (2020)
Miller 2= JR is the only route available to you to challenge that inappropriateness there might be no
political route open to you.>> propagation of parliament was closed so there is no political route to
challenge the government's use of its prerogative power in that case
UNDERLYING PRINCIPLES OF JUDICIAL REVIEW
ROL= equality before the law, a fair trial (Bingham’s 2nd sub rule), legality principle (Bingham’s 6th
sub rule>> “public officers at all levels must exercise the powers conferred on them reasonably”)
Acts/ omissions of public bodies should not ultra vires i.e. acing outside powers given
Advancement of democracy = power given to public body by statute has boundaries i.e., JR
supports supremacy of parliament
SOP= JR supports SOP as it helps keep the different branches within their own remit
JR is limited to secondary legislation = it can be seen to provide a safeguard to ensure that such
delegated powers are not misused
mechanism for judiciary to exert control over the executive >> SOP
only decisions made under delegated powers are open to JR
“The principles of judicial review give effect to the rule of law. They ensure that administrative
decisions will be taken rationally” v>> R (oao of Alconbury Developments) v Secretary of State for
the Environment, Transport and the Regions, [2001] = Lord Hoffman
o rule of law is important in the context of judicial review because in essence what it's
policing is whether the decision makers are acting within the powers they've been given
o
PS = JR reinforces parliament's sovereignty by ensuring that what parliament intended to happen
does happen.
MEANING OF PUBLIC
JR is a public law remedy >>claims can only be brought for actions relating to public law powers
Public body= those exercising public functions or if the exercise of its functions have public law
consequences and are established by statute (Lord Lloyd R v Panel of Takeovers & Mergers, ex
parte Datafin [1987] QB 815)= was public due to the public importance of its role
o R v Disciplinary Committee of the Jockey Club, ex parte Aga Khan [1993]>> sports are
regulated by their own body so the sports club was governmental and not public
STANDING
Standing= having sufficient interest to bring an application for JR
o “What counts as a sufficient interest depends on the circumstances of the particular
claim” 5.3.2.4 The Administrative Court Judicial Review Guide 2020
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