What is admin law? correct answers informs us what powers state has and how they should be exercised. provides judicial ways of challenging decisions made by the state.
what is JR? correct answers allows review of legality of decision of body performing public functions. available to those with ...
Public law || All Questions Answered Correctly.
What is admin law? correct answers informs us what powers state has and how they should be exercised. provides judicial ways of challenging decisions made by the state.
what is JR? correct answers allows review of legality of decision of body performing public functions. available to those with sufficient interest. only available where no statutory right to appeal. only available where all other avenues exhausted. defendant must be public body. must be public law matter.
what are the grounds for JR? correct answers council of civil service unions v. minister of the civil service/GCHQ case, Lord Diplock: illegality, irrationality and procedural impropriety.
what is the difference between appeals and JR? correct answers right to appeal exists in statutes. reviews decisions of lower courts. reverse decisions of lower courts. statute specifies court or tribunal, procedure etc. JR looks at process in which public body made decision. cannot be reviewed on basis that it is simply wrong, unless decision is so unreasonable no other body would have reached it. JR, court cannot sub own decision by can implement remedies.
what are the remedies in admin court? correct answers quashing order = declaring decision void. mandatory order = ordering public body to do something specific. prohibiting order = ordering public body not to do something. compensation = discretionary, mainly HRA cases.
what does it mean for a defendant to be a public body? correct answers executive organs of government which include ministers, state departments and local authorities. functions are functions of public nature but doesn't include HoPs.
what is the public body source and functions test? correct answers R v. Panel of take-overs & mergers, ex p Datafin, source of power, function and consequences of exercise of power/duties. non statutory and self regulatory body amenable to JR because of functions. if state had to step in
to perform functions, then body is subject to JR.
what occurred in the JR case of R v. Disciplinary committee of the Jockey club, ex p Aga Kahn [1993] 1 WLR 909? correct answers Membership to club based on voluntary agreement. effective private law remedies available. CA held club not public body and not subject to JR.
is the claim a public law matter? correct answers must be challenged by JR otherwise claimant could be accused of abuse of process.
what occurred in the case of O'Reilly v. Mackman [1983] 2 AC 237? correct answers held procedure for applying for JR must be used to challenge disciplinary decisions in prison. to use other remedies equivalent considered abuse of process. principle of exclusivity.
why must a claimant have standing? correct answers sufficient interest test. pre action protocol for JR. part 54 civil procedure rules = claimant must have sufficient interest in outcome of decisions. S.31(3) senior courts act5 1981, no application shall he made unless leave of HC obtained in accordance with rules of court; court shall not grant leave to make application unless considers applicant has sufficient interest in matter to which application relates.
how is IRC v. national federation of the self-employed and small businesses [1982] AC 617 relevant to the sufficient interest test? correct answers HoL overturned CA decision which affording standing to federation. wanted to challenge decision of inland revenue to ignore tax owed by casual newspaper workers BUT link made to gravity of matter. law lords made clear federation would have standing to challenge an 'exceptionally grave or widespread illegality'.
how is R v. Inspectorate pollution, ex p greenpeace ltd (no.2) [1994] 4 All ER 329 relevant to the
sufficient interest test? correct answers disposal of nuclear waste. in deciding if pressure group had standing court considered reputation and prominence, scale of membership, importance of issue raised and likelihood of another party satisfying sufficient interest test.
how is R v. Environment secretary, ex p rose theatre trust co [1990] 1 QB 504 relevant to the sufficient interest test? correct answers non profit organisation set up to protect site of Shakespearian theatre didn't satisfy sufficient interest test in attempt to challenge decision of relevant minister not to afford site status of historic monument.
how is the sufficient interest test relevant to HRA S.7? correct answers provides for victim test: only victim directly affected by decision in breach of ECHR can be granted leave for JR. ECtHR suggests pressure groups cannot bring cases unless victims of decision. ECHR art 34: court may receive applications from any person claiming to be victim of violation by one of high contracting parties of rights set forth in convention or protocols thereto.
what are standing, ouster and finality clauses in JR? correct answers Anisminic v. foreign compensation commission (1969); R v. SoS for HD, ex p Al-Fayed [1997] 1 All ER 228. british nationality act 1981 doesn't require minister to give reasons for refusing naturalisation and that decision not subject to appeal (s.22(2)). BUT held parliament couldn't have intended to exclude JR in casers of unfairness and/or discrimination.
what is the pre-action protocol for JR? correct answers claimant must write letter to defendant before claim. defendant has 14 days to reply. claimant seeks permission from admin court to make claim for JR. Claim form must contain details of decision, date of decision, date of awareness of decision, grounds for challenging the decision, remedies sought, statement on whether decision has HRA implications.
what are grounds for JR? correct answers standards to which courts require govt decision makers
to adhere and grounds on which decisions may be challenged before the courts. breach of these requirements enables courts to strike down decision of minister or of another public body.
what is Lord Diplock's definition of illegality? correct answers 'by illegality...I mean that the decision maker must understand correctly the law that regulates his decision making power and must give effect to it.' what is lord Diplock's definition of irrationality? correct answers 'by irrationality I mean what can now be succinctly referred to as wednesbury unreasonableness. it applies to a decision which
is so outrageous in its defiance of logic or of accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at it'.
what is lord Diplock's definition of procedural impropriety? correct answers '...depends of the subject matter of the decision, the executive functions of the decision-maker...and the particular circumstances in which the decision came to be made'.
within illegality, what is the problem of discretion: PA action and accountability? correct answers discretion inevitable and necessary for effective govt. sometimes legislation allows exercise of wide seemingly unrestrained discretion by PB. statutes invariably contain phrases such as the 'minister may act as he thinks fit' or 'if the SoS believes...'
what is illegality? correct answers JR critical for controlling discretionary power conferred to public authorities under statute law. Illegality head of review generally concerns powers exercised under statute. task for courts is to decide whether decision maker has construed content
and scope correctly and whether exercised powers given by parliament within scope of powers granted.
what are some basic cases involving illegality? correct answers R v. Richmond council, ex p McCarthy and Stone Ltd [1992].
Associated provincial picture houses v. Wednesbury corporation [1948] Lord greene outlined different principles which depending of facts of case, might be considered when reviewing exercise of discretion.
what is 'discretion must not be fettered' as a sub heading of illegality? correct answers public officials must not impose unlawful fetters on their discretion. e.g. self created rules very important in workings of govt, providing guidance to citizens and saving time/money. courts prepared to accept use of internal rules by public officials to structure discretion, provided effect not to exclude discretion altogether. must be scope for each individual case to be considered on own merits. British oxygen co v. Board of trade [1971] AC 610.
what is 'discretion must not be transferred' as a sub heading of illegality? correct answers public authority must not transfer discretion to another. acting under dictation: H lavender & Son v. minister of housing and local govt [1970] 1 WLR 1231, L refused planning permission to extract
gravel from farm by minister as minister of agriculture objected to quarrying of land in region. held minister of housing wrongfully surrendered discretion to minister for agriculture. rule against delegation: Barnard v. national dock labour board [1953] 2 QB 18, NDLB responsible or administering scheme to coordinate and regulate dock workers. delegated power to suspend to London port manager (H) B argued suspension ultra vires. upheld for B. H acted as
tribunal when had no right.
what is the Carltona exception to transferring discretion? correct answers qualifies no-delegation rule based on principle of ministerial responsibility. official in ministry of planning requisitioned premises occupied by Carlton ltd, decision which C challenged. held, within departments, large
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