Lecture notes
Lecture notes Constitutional and Administrative Law (LW1120)
- Institution
- University Of Leicester (LE)
SUMMARY of constituional and administrative law
[Show more]
Connected book
Book Title:
Author(s):
- Edition:
- ISBN:
- Edition:
Seller
Follow
Content preview
Plan for constitutional and admin. Exam: Primary function of judicial review (common law) is to protect indiv. from abuses of state
power
Public body here=not-for-profit company ‘Association of Will Writers’
Power to take decision (the power/authority here comes from common law contracting)
Individual dispute=public body penalising individual and indiv. disputes correctness of
decision. They accept the rules, but dispute it’s been applied correctly.
Does public body have power (vires) to take decision; if they don’t, decision is unlawful (ultra
vires)
Have public body followed correct procedure when taking decision?-No fair hearing?
Reasons? Bias?
1) Illegality: does public body have power to take decision? Whether a lawful power exists?
According to Diplock, under illegality ground for judicial review, ‘decision maker must
understand correctly the law that regulated his decision-making power and must give effect
to it” (Council of Civil Service Unions v Minister for the Civil Service)
2) Procedural Impropriety: has public body adhered to proper procedure?:
Fair procedure-when a person’s rights are affected, not fair to make decision
without giving them a chance to put their case; e.g. if given disciplinary action; they
are expected to be given notice of charges and right to rebut them, and to put their
case before an unbiased decision maker.
Natural Justice and the right to a fair hearing? Audi alteram partem (hear the other
side) and Nemo judex in causa sua (no one may be a judge in their own cause); when
is there a right to a fair hearing?
o Ridge v Baldwin-when decision interferes with another’s rights/interests
o Doody v Home Secretary
What is the content of a fair hearing?
o Individual must be given notice of the charge (information of case against them)
o How much info. do they need to be given?
o Indiv. must be given a hearing-how long should they be given to prepare a
response Lee v Department of Education and Science
o Adele’s not allowed legal representation-R v Secretary of State for Home Dpt. ex p
Tarrant
o Cross examine witnesses-R v Army Board of the Defence Council ex parte Anderson
Duty to give reasons?
o no general duty to give reasons in common law
o to what extent is there a common law duty to give reasons?
o Although public bodies are under no general common law duty to give reasons for
decisions, fairness may in some circumstances require it-R v Civil Service Appeal
Board and Doody v Home Secretary
Bias:
o Apparent bias=Porter v Magill?
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 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 £10.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
76747 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now
