Administrative Law Quiz

<p>A public body makes a decision without taking into account important factors related to the decision.</p> Signup and view all the answers

<p>A public body doing something reasonably incidental to an existing power.</p> Signup and view all the answers

<p>That local authorities must remain strictly within the powers granted to them by law.</p> Signup and view all the answers

<p>A decision that goes beyond the legal boundaries of power given to a body.</p> Signup and view all the answers

<p>It ensures that the actions of the executive are within legal limits.</p> Signup and view all the answers

<p>Presuming that Parliament does not intend to infringe fundamental rights without explicit authorization.</p> Signup and view all the answers

<p>R v Secretary of State for the Home Department, ex parte Simms.</p> Signup and view all the answers

<p>A misinterpretation of the legal rules by a decision-maker.</p> Signup and view all the answers

<p>It expanded the scope to include all errors of law, regardless of jurisdiction.</p> Signup and view all the answers

<p>Where the error of law is decisive to the decision.</p> Signup and view all the answers

<p>That the court should only intervene if the decision-maker's conclusion is irrational.</p> Signup and view all the answers

<p>They misinterpreted the funding of care as set out in the Health and Social Care Act 2001.</p> Signup and view all the answers

<p>They were generally resistant to such challenges, seeing it as interfering too much with the executive.</p> Signup and view all the answers

<p>An error about a pre-existing fact which must be determined to grant jurisdiction, a 'precedent fact'.</p> Signup and view all the answers

<p>Factual determinations that a decision-maker must make before exercising a certain power (jurisdiction).</p> Signup and view all the answers

<p>A decision where there is no factual basis to support it.</p> Signup and view all the answers

<p>An ignorance of or a mistake about a fact which is definitively and certainly true.</p> Signup and view all the answers

<p>The principle of legality can be seen as an extension of the ultra vires doctrine.</p> Signup and view all the answers

<p>Errors of law were only reviewable if they affected jurisdictional matters prior to <em>Anisminic</em>.</p> Signup and view all the answers

<p>If the first instance judges decision was to be final, by an Act of Parliament.</p> Signup and view all the answers

<p>A teacher being dismissed simply for having red hair.</p> Signup and view all the answers

<p>Irrationality</p> Signup and view all the answers

<p>It implied a lack of mental capacity of the decision-maker.</p> Signup and view all the answers

<p>He criticised it as being tautologous and exaggerated.</p> Signup and view all the answers

<p>Decisions that violate constitutional principles</p> Signup and view all the answers

<p>A sub-category of unreasonableness, often described as irrationality.</p> Signup and view all the answers

<p>Because the local authority had not tried to provide temporary sites.</p> Signup and view all the answers

<p>The need for the commission to be impartial and independent.</p> Signup and view all the answers

<p>Because there was no logical reason why an objector could not have provided their views in writing.</p> Signup and view all the answers

<p>Because the Health Secretary had considered multiple factors, including opposing viewpoints.</p> Signup and view all the answers

<p>The duty to make adequate inquiry before making a decision.</p> Signup and view all the answers

<p>The Health Authority's general policy towards those seeking gender reassignment surgery was found to be unlawful.</p> Signup and view all the answers

<p>Circular or redundant in its explanation.</p> Signup and view all the answers

<p>The use of inappropriate language by a decision-maker.</p> Signup and view all the answers

<p>There is a failure to properly consider relevant factors, or there are logical flaws in the decision-making process.</p> Signup and view all the answers

<p>To committees, council officers, or another local authority.</p> Signup and view all the answers

<p>Ministers are presumed to be able to delegate to civil servants within their department.</p> Signup and view all the answers

<p>The minister to their department.</p> Signup and view all the answers

<p>DPP v Haw</p> Signup and view all the answers

<p>An implied power to delegate responsibilities if inevitable.</p> Signup and view all the answers

<p>Immigration Inspectors within the Home Office.</p> Signup and view all the answers

<p>An insufficiently close link between the prison authority and the ministry to ensure necessary accountability.</p> Signup and view all the answers

<p>Associated Provincial Picture Houses Ltd v Wednesbury Corporation</p> Signup and view all the answers

<p>That no children under the age of 15 be admitted on Sundays.</p> Signup and view all the answers

<p>To provide a threshold for when courts can interfere with unreasonable executive decisions.</p> Signup and view all the answers

<p>If a decision is so unreasonable that no reasonable authority could have made it.</p> Signup and view all the answers

<p>Public bodies must use their reason to ascertain the correct course.</p> Signup and view all the answers

<p>A decision that is illogical, perverse or irrational.</p> Signup and view all the answers

<p>Decisions within central government involving a minister.</p> Signup and view all the answers

<p>The Carltona principle is solely applicable to ministerial contexts, whereas <em>DPP v Haw</em> extends a similar principle to other public offices, but only if deemed necessary.</p> Signup and view all the answers

<p>Proportionality should be applied only when the ECHR is incorporated into domestic law.</p> Signup and view all the answers

<p>The policy applied different funding criteria to women within the same eligible group based on 'exceptional circumstances'.</p> Signup and view all the answers

<p>The Treasury’s actions were not a proportionate response and had singled out Bank Mellat when similar risks were posed by other institutions .</p> Signup and view all the answers

<p>It set an excessively high threshold of 'extreme unreasonableness' for judicial intervention.</p> Signup and view all the answers

<p>Proportionality involves a more intense level of review which could lead to different results.</p> Signup and view all the answers

<p>The Board did not initially probe the evidence presented thoroughly and failed to carry out further investigations.</p> Signup and view all the answers

<p>To take reasonable steps to understand the relevant information needed to make a rational decision.</p> Signup and view all the answers

<p>The time has come to establish proportionality as an established principle within administrative law.</p> Signup and view all the answers

<p>The Court of Appeal lacked the authority to overrule existing precedents.</p> Signup and view all the answers

<p>It is a duty of rationality, where the absent information must render the decision irrational for it to be unlawful.</p> Signup and view all the answers

<p>That authorities should avoid taking actions that punish groups for the legal actions of individuals.</p> Signup and view all the answers

<p>Proportionality was a more forensic test but could operate with varying intensity.</p> Signup and view all the answers

<p><em>Wheeler v Leicester City Council</em></p> Signup and view all the answers

<p>A full panel of the UK Supreme Court is required.</p> Signup and view all the answers

<p>The need for thorough financial assessments to support government policy.</p> Signup and view all the answers

<p>The Court should seek an authoritative review of the proportionality principle in public law.</p> Signup and view all the answers

<p>There is a continuing intensive academic debate on the future role of proportionality.</p> Signup and view all the answers

<p>The principle of proportionality in relation to national risks.</p> Signup and view all the answers

<p>An increasingly positive view towards integrating it more generally within administrative law.</p> Signup and view all the answers

<p>The rational basis for decisions taken not the procedures followed.</p> Signup and view all the answers

<p>By demonstrating that the Treasury's response was disproportionate.</p> Signup and view all the answers

<p><em>R (DSD and NBV) v The Parole Board</em></p> Signup and view all the answers

<p>The decision constituted improper punishment of the club members who were neutral.</p> Signup and view all the answers

<p>That the Treasury’s explanation to Parliament about the direction did not match that given during the resultant legal challenge.</p> Signup and view all the answers

<p>The Secretary of State was found to have acted rationally.</p> Signup and view all the answers

<p>The policy resulted in prisoners serving significantly longer detention periods than if referrals were made earlier.</p> Signup and view all the answers

<p>The punishment was excessive, disproportionately affecting Mr Hook’s ability to earn a living.</p> Signup and view all the answers

<p>Similar cases should be treated consistently, and arbitrary decision-making should be avoided.</p> Signup and view all the answers

<p>The byelaws were not clear enough, so those not familiar would not know the boundaries of the military area.</p> Signup and view all the answers

<p>The degree to which the courts will scrutinise decisions made by public bodies.</p> Signup and view all the answers

<p>The degree to which the decision affects fundamental/human rights.</p> Signup and view all the answers

<p>Courts have a constitutional duty to protect fundamental rights, and judges are experienced in this area.</p> Signup and view all the answers

<p>Decisions concerning broad policy questions, such as resource allocation.</p> Signup and view all the answers

<p>Courts tend to defer more to the decision-maker in such circumstances.</p> Signup and view all the answers

<p>A decision should be overturned if no reasonable authority could come to that decision.</p> Signup and view all the answers

<p>The standard has been reduced to a lower, less difficult threshold in some situations.</p> Signup and view all the answers

<p>The idea that courts have expertise in matters of fundamental rights.</p> Signup and view all the answers

<p>It may result in inequality before the law and be held unreasonable by the courts.</p> Signup and view all the answers

<p>Courts will apply an approach of higher intensity of review to human rights cases and show more deference on broader policy questions.</p> Signup and view all the answers

<p>Understanding the context establishes the degree of intervention the court should make.</p> Signup and view all the answers

<p>Areas of policy decision-making considered political and largely outside judicial review.</p> Signup and view all the answers

<p>The guidance had received the 'seal of democratic approval' from Parliament.</p> Signup and view all the answers

<p>Courts should avoid interefering when healthcare authorities allocate resources.</p> Signup and view all the answers

<p>When the decision affects fundamental or human rights.</p> Signup and view all the answers

<p>The courts must apply a rigorous standard of scrutiny, especially when life is at risk.</p> Signup and view all the answers

<p>The court found the MOD policy was supported by a significant body of opinion in Parliament.</p> Signup and view all the answers

<p>Rogers was heard after the HRA came into force, while Smith was not.</p> Signup and view all the answers

<p>It introduced proportionality as the primary test in cases that involve human rights.</p> Signup and view all the answers

<p>The means used must be no more than is necessary to achieve the desired aim.</p> Signup and view all the answers

<p>That there may be future additions to the existing grounds of review.</p> Signup and view all the answers

<p>The abundance of evidence contradicting the Minister's designation.</p> Signup and view all the answers

<p>It demonstrates that a decision has the explicit support of Parliament.</p> Signup and view all the answers

<p>The principle of proportionality.</p> Signup and view all the answers

<p>A more detailed and intense examination of the administrative decision.</p> Signup and view all the answers

<p>Whether the decision is one that raises substantial human or fundamental rights.</p> Signup and view all the answers

<p>The local authority's power depends on the land not being classified as 'parkland'.</p> Signup and view all the answers

<p>Whether the claimant was an 'illegal entrant'.</p> Signup and view all the answers

<p>There was no evidence supporting the necessity of the purchase for redevelopment.</p> Signup and view all the answers

<p>A finding based on no evidence can lead to the court overturning that decision.</p> Signup and view all the answers

<p>E v Secretary of State for the Home Department</p> Signup and view all the answers

<p>There must be an objective, established fact that was misunderstood.</p> Signup and view all the answers

<p>It was ultimately found to be unlawful.</p> Signup and view all the answers

<p>Failure to account for relevant factors can lead to an unlawful decision.</p> Signup and view all the answers

<p>The focus was on procedural errors, not factual inaccuracies.</p> Signup and view all the answers

<p>It could be based on misunderstandings or ignorance.</p> Signup and view all the answers

<p>He misunderstood the nature of educational advice.</p> Signup and view all the answers

<p>Reliance on a factual inaccuracy can invalidate a decision.</p> Signup and view all the answers

<p>That it caused unfairness in the decision-making process.</p> Signup and view all the answers

<p>They represent considerations that must not be regarded as relevant.</p> Signup and view all the answers

<p>When relevant factors are not considered.</p> Signup and view all the answers

<p>Broader phrased discretionary powers increase the court's involvement.</p> Signup and view all the answers

<p>The tariffs set were deemed unlawful because irrelevant factors were considered.</p> Signup and view all the answers

<p>The interests of ratepayers in determining wage increases.</p> Signup and view all the answers

<p>The local authority failed to consider the child’s educational needs.</p> Signup and view all the answers

<p>Ministers must use their powers only for the intended purpose.</p> Signup and view all the answers

<p>The local authority's own resource limitations.</p> Signup and view all the answers

<p>The balance of competing relevant factors.</p> Signup and view all the answers

<p>He focused on irrelevant considerations like public opinion.</p> Signup and view all the answers

<p>It can be considered if the decision-maker deems it appropriate.</p> Signup and view all the answers

<p>It was quashed for neglecting educational needs.</p> Signup and view all the answers

<p>When they use their discretion for an improper purpose.</p> Signup and view all the answers

<p>Courts must infer the intentions of statutes from their language.</p> Signup and view all the answers

<p>To ensure that licences are not wrongfully used or obtained</p> Signup and view all the answers

<p>To obtain access to materials believed to be held by him</p> Signup and view all the answers

<p>To limit the ability to exercise their powers effectively</p> Signup and view all the answers

<p>He could not bind himself not to exercise his discretion</p> Signup and view all the answers

<p>The policy was valid, and individual applications were considered</p> Signup and view all the answers

<p>It was applied inflexibly despite its flexible wording</p> Signup and view all the answers

<p>Individual circumstances were disregarded in the policy application</p> Signup and view all the answers

<p>Discretion may not be delegated to other individuals or bodies</p> Signup and view all the answers

<p>Policies are beneficial as long as individual cases are still considered</p> Signup and view all the answers

<p>He failed to consider each claim on its own merits</p> Signup and view all the answers

<p>They must respect statutory intentions and individual rights</p> Signup and view all the answers

<p>They can prevent necessary individual consideration in decision-making</p> Signup and view all the answers

<p>When the law explicitly allows such delegation</p> Signup and view all the answers

<p>Individual needs should dictate the outcome of applications</p> Signup and view all the answers