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Public Law - Procedural impropriety: bias revision notes (semester 2) $4.00   Add to cart

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Public Law - Procedural impropriety: bias revision notes (semester 2)

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  • January 14, 2024
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  • 2022/2023
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Procedural Impropriety – bias


“Judicial review has I think developed to a stage today when…one can conveniently classify
under three heads the grounds upon which administrative action is subject to control by
judicial review.
• The first ground I would call ‘illegality,’
• the second ‘irrationality’ and
• the third "procedural impropriety.’”

(Lord Diplock in the GCHQ case)

PROCEDURAL IMPROPRIETY – BIAS

ISSUE: The issue in this scenario is under the ground of what Diplock in the GCHQ case
called, ‘procedural impropriety’ and more specifically this engages with bias.

LEAGAL RULE decision makers must be impartial and even (merely)
potentially partial bias decision makers must recuse
themselves

ACTUAL BIAS
 if ever a decision maker was shown to actually be bias, they would be eliminated
from the decision-making process

SPECIFIC LEGAL TEST if ever a decision maker was shown to actually be bias, they
would be eliminated from the decision-making process

AUTHORITY FOR TEST Red River
United Cabbies Group
 claimants pleaded actual bias, but courts redirected

HOWEVER,… Actual bias is not a significant part of UK law and in practice
this argument collapses as other bias approaches are easier to
use and prove

THEN APPLY TO FACTS OF PROBLEM QUESTION!!!

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