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10. Judicial Review II - Grounds for Judicial Review
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10. Judicial Review II - Grounds for Judicial Review
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BEK Chapter 30: Judicial review of administrative action IGROUNDS FOR JUDICIAL REVIEW – PROCEDURAL IMPROPRIETY
INTRODUCTION TO PROCEDURAL FAIRNESS
What is natural justice?
o that the individual be given adequate notice of the charge and an adequate hearing
or the ‘fair hearing’ requirement; and
o that the adjudicator be unbiased or the ‘rule against bias’
Rationale for procedural rights
o instrumental role: helps individuals to make decision better
good procedures help to make better decisions (more accurate)
o intrinsic value: expresses respect for human dignity
ensuring that someone receives fair procedure allows respect for human
dignity
o Osborn v The Parole Board [2013] UKSC 61 (Lord Reed)
Historical development of natural justice – Ridge v Baldwin [1964] AC 40 (House of Lords)
o Confinement to judicial or quasi-judicial decisions
Rules of natural justice originally applied by courts to ‘administrative’
decisions
Slowly restricted the view to apply them only to judicial or quasi-judicial
decisions (i.e. duty to act judicially)
o Importance of Ridge v Baldwin
Restrictive approach abandoned
Facts = Summary dismissal of police constable without notice nor
opportunity to make representations
If sacked, police constable would not receive pension; but if he
resigned, he can still draw pension
CA held = held that the committee was not required to observe the
requirements of natural justice because its action was 'administrative or
executive'
HL held = overruled
Lord Reid identified various reasons why the law in this area had
fallen into confusion in most recent judicial decisions. He held that
the Committee’s statutory power of dismissal could not be exercised
until it has informed the constable of the grounds on which it
proposed to proceed and have given him a proper opportunity to
present his case in defence
Revived the rules of natural justice
Rediscovering pre-19th century jurisprudence which had applied the
requirements of natural justice to a broad spectrum of interests and
a wide variety of decision- makers;
o Due to the landmark decision in Ridge v Baldwin, it laid the
foundations for judicial review by holding that the duty to
observe natural justice was not confined to powers
classified as ‘judicial or quasi-judicial’ enable courts to
apply natural justice to a wide variety of situations
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