Term
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Definition
| Judicial review is the process by which the High Court ensures that the executive, lower Courts, administrative tribunals and statutory bodies do not exceed their legal powers, and that they observe their legal duties. |
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Term
| What are the three grounds for Judicial review |
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Definition
| In Council of Civil Service Unions v Minister for the Civil Service Lord Diplock stated that the three grounds for Judicial Review are illegality, procedural impropriety and irrationality |
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Term
| Is there such thing as an 'unfettered discretion' |
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Definition
| Under R v Somerset County Council, ex parte Fewings there is no such thing as an unfettered discretion, as this would be contrary to the Rule of Law. |
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Term
| How is judicial review different from appeal |
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Definition
| It is different from appeal as the court is not deciding whether the right decision has been made. It is only deciding whether the decision was unreasonable in substantive terms. |
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Term
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Definition
| An ouster clause is a clause that attempts to oust the courts jurisidiction. "This decision may not be challenged in the court of law" |
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Term
| Can privitave clauses stop review |
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Definition
| They can if there was no jurisdiction error of law. In the case of Anisminic the court held that virtually all errors of law go to review. |
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Term
| Can timed ouster clauses have effect? |
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Definition
| Under Secretary of State for the Enviroment, ex parte Ostler, time ouster clauses are given effect by the courts, even if a material jurisdictional error has been made. |
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Term
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Definition
All public functions, an inferior court, a statutory body or an administrative tribunal.
However, purely commercial acts cannot be reviewed. |
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Term
| What are the 8 seperate limbs under Illegality for review. |
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Definition
Improper purpose - powers excersied for a purpose other than the intended purpose - Padfield
Irrelevant considerations Somerset
Mandatory relevant considerations were not made. Ashby
Improper delegation of decision-making power. Vine
Dictation/surrender of powers
fettering a discretion, while a policy may be adopted, they must be prepared to depart from the policy in an individual case. British Oxygen. |
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Term
| What are the two grounds under Procedural impropriety |
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Definition
The right to be heard (audi alteram partem) Breaks down into notice under Ridge, Disclosure of relevant information, Ridge, right to comment on the case, Ridge, and it may be inappropriate not to permit legal representation soemtimes Secretary of state for home department ex parte tarrant.
Cross examination - tribunals have a choice over whether to permit this.
Giving of reasons, there is no requirement for the decision maker to give reasons, Lewis.
Bias is the second, the first part of bias is when a decision maker's personal financial interests are directly affected, the law assumes the person will act in a baised way. Auckland Casino, this is presumptive bias. Actual bias is when a real and substantial bias is shown, and apparent bias is where there is a real likelihood of bias under Auckland Casino. |
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Term
| What are the grounds for irrationality review |
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Definition
The grounds for irrationality review is that the decision is 'so unreasonable that no reasonable authority could ever have came to it'. (Associated provincial picture houses)
Or if the decision is so outrageous in it's defiance of logic or of accepted moral standards that no sensible person who had applied his mind to the question could have arrived at it (Wednesbury unreasaonble). the merits of the decision are weighed. |
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Term
| What remedies are available under Judicial Review |
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Definition
Declarations that the authority acted wrongly, an injunction can be given, the court can invoke the writ of certiorari (Court reviews that decision and quashing if it's ultra vires) mandamus gives an order to perform a public duty.
Remedies are not authomatic on success. |
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Term
| What are the 6 steps to successfully answering a Review Question. |
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Definition
1) ID all administrative decisions which can be challenged
2) Check whether there is an ouster clause and discuss whether it prevents review
3) Consider whether the decision maker was exercising a public function
4) discuss justiciability
5) Apply the three grounds of review, check which of the limbs of illegality apply, then which of the limbs of procedural impropriety, then irrationality
6) Consider remedies. |
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Term
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Definition
This just means what can be reviewed. Prerogative can be reviewed by applying the same grounds of review which apply to statutory powers (CCSU case) while Bates held that it could not (earlier).
Decisions that involve political judgment cannot be reviewed and major questions of public policy. |
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Term
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Definition
| Illegality - Padfield v Minister of Agriculture, fisheries and Food |
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Term
| Irrelevant Considerations |
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Definition
| Somerset County Council - Illegality |
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Term
| Mandatory Relevant ConsiderationsI |
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Definition
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Definition
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Definition
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Definition
| British Oxygen - illegality |
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Term
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Definition
| Everitt - errors of law that do not fit into other categories. |
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Term
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Definition
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Term
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Definition
| Audi alteram Partem - Ridge Procedural impropriety |
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Term
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Definition
| Impropriety Auckland Casino case. 3 types actual presumed and apparent. |
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