Judicial Review

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Author:
jaecs
ID:
9096
Filename:
Judicial Review
Updated:
2010-03-04 06:49:36
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Judicial Review Public Law UK
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Description:
Revision for constitutional & Administrative law course - Judicial Review
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  1. What did Lord Brightman say about the limits of judicla review in Chief Constable of North Wales v Evans [1982] WLR 1155?
    JR '[i]s not an appeal from a decision, but a review of the manner in which the decision was made'
  2. The grounds for JR can be classified in which three ways?
    • One: A breach of statutory requirements or a disregard of the rules of natural justince
    • Two: Lord Diplock also classified them via illegality, irrationality and procedural impropriety
    • Three: Unreasonablenesss (illegality & irrationality) or Wednesbury unreasonableness'
  3. Who classified grounds for judical review as illegality, irrationlaity and procedural impropriety and in what case? What other name does it go by?
    • Lord Diplock
    • Council for Civil Service Unions v Minister of State for Civil service [1985] AC 374
    • The GCHQ ase
  4. What does ultra vires mean?
    Acting outside one's lawful powers' or 'in excess of ones lawful powers'
  5. On what gounds can the courts rule illegality as grounds for JR?
    • Lack of Authority inc being compatible with the provisions of the HRA 1998 s6 (proportionate and necessity)
    • Error of Law
    • Failure to act
    • Acting in bad faith
    • Using powers for the wrong purpose or inconsistenctly with the purposes of an act
    • Onerous conditions attached to a decision
    • Abuse of discretion
  6. In terms of illegality, what are the sub categories when a public body is abusing its dicreation?
    • Relevant and irrelevant considerations
    • Unauthorised delgation
    • Fettering Discreation
  7. Define irrationality when being used as grounds for a JR
    • 'So unreasonable that no reasonable authority could ever have come to it'
    • 'a decision is so outrageous in its definacne of logic or of accepted moral standards that no sensible person who applied his mind to the question to be decided could have arrived at it'
  8. What is a classica case of irrationality and grounds for JR?
    Associated Provincial Picture house Ltd v Wednesbury Corporation [1948] 1 KB 22
  9. When may a court infer irrationality in a decision?
    When a public body reaches a decision but does not supply the reasons for the decision
  10. What are the sub ategories that form grounds for JR by procedural impropriety?
    • Under statute
    • Natural Justice
    • Financial bias
    • Other bias
    • The right to a fiar hearing
  11. List requirements that could be covered by a right to a fair hearing.
    • Given notification
    • given indications of adverse evidence
    • hearsay evidence excluded
    • opportunity to respond
    • oral hearing
    • right to question witnesses
    • legal representation
  12. What does a right to fair hearing depend upon?
    The facts of a case
  13. What remedies are available to Judical review?
    • Quashing order (certiorari)
    • Prohibiting ordrs (prohibition)
    • Mandatroy orders (mandamus)
    • Declarations
    • Declarations of incompatibility under HRA 1998
    • Injunctions
    • Damages

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