Administrative Law

Comprehensive summary/exam notes on review of discretion in Administrative Law. This document covers review for improper purposes, review for relevancy (consideration of an irrelevant/failure to consider a relevant consideration), proportionality review and Wednesbury unreasonableness/irrationality review. It also addresses and analyses the question of whether the test of proportionality should be expanded out.

Comprehensive summary/exam notes on statutory construction and fact-finding in Administrative Law. This document covers the distinction between jurisdictional and non-jurisdictional errors (including the process of getting rid of the distinction), the new approach following the case of Page and an analysis of whether the correct approach is currently being taken. It further covers the two grounds specifically created to deal with facts: review for precedent/jurisdictional facts (R (A) v Croydon...

Comprehensive summary/exam notes on oversight of policy in Administrative Law. This document covers fettering of discretion, the content of policy, and the advantages and concerns regarding policy.

Comprehensive summary/exam notes on tribunals in Administrative Law. This document covers the context which led to the enactment of the Tribunals Courts and Enforcement Act 2007 and an analysis of whether this legislation has resolved all problems. It also covers judicial oversight of tribunals, both the upper tribunal and the investigatory powers tribunal.

Comprehensive summary/exam notes on standing in Administrative Law cases. This document covers in detail the context sensitivity of standing determinations, specifically in relation to parole board cases, environmental law cases, and representative standing, and the relevance/irrelevance of motive.

Comprehensive summary/exam notes on the topic of judicial deference in Administrative Law. This document covers the two types of deference (spatial deference and due deference), an analysis of which model of deference is to be preferred, and an analysis of whether deference is a good thing.

Comprehensive summary/exam notes on the topic of legitimate expectations in Administrative Law. This document covers the distinction between procedural and substantive legitimate expectations, an analysis of whether we can sustain this distinction, and an analysis of whether there is a separate duty to act consistently.

Comprehensive summary/exam notes on the topic of bias, predetermination and the application of Article 6 ECHR in Administrative Law. This document covers automatic disqualification (Pinochet case), Porter v Magill and applications in the local planning authority and housing contexts.

Comprehensive summary/essay plan on the Judicial Review and Courts Act 2022. This document covers the rationale behind the legislation, the effect of s.2 of the legislation, the consequences of the legislation, and the apparent ouster clause in the legislation (including analysis of a 2023 Court of Appeal case).

Comprehensive summary/exam notes on s.84 Criminal Justice and Courts Act 2015. This document covers the reasons for the enactment of the legislation and several concerns that have arisen from it.