Doctrine of Judicial Review
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Questions and Answers

What are the two main divisions that one writer puts the three principles under?

  • Legitimacy and Authority
  • Procedure and Rationality
  • Substance and Process (correct)
  • Procedural Impropriety and Illegality
  • In the Ghanaian case of Tuffour v Attorney General, what did the court specifically quash?

  • Appointment of Chief Justice
  • Decision of the Court
  • Judicial Review Process
  • Rejection by Parliament (correct)
  • What is an issue of Procedure?

  • Rationality
  • Illegality
  • Substance
  • Procedural Impropriety (correct)
  • Which principle does Diplock's assertion align with according to one writer?

    <p>Underpinning Principle</p> Signup and view all the answers

    What may happen if power is not limited according to the text?

    <p>Absolute corruption</p> Signup and view all the answers

    What is the basis of judicial review?

    <p>Supremacy of the Constitution</p> Signup and view all the answers

    In which case did Chief Justice Marshall re-emphasize the doctrine of judicial review?

    <p>Madbury v Madison</p> Signup and view all the answers

    What are the three grounds upon which administrative action is subject to control by judicial review?

    <p>Illegality, procedural unfairness, irrationality</p> Signup and view all the answers

    According to Lord Diplock, what should decision-makers not neglect in their duties?

    <p>The stance of the law</p> Signup and view all the answers

    Which Constitutional provisions grant courts the power to decide the constitutionality of government acts or omissions?

    <p>Constitution1992 Article 1(2)</p> Signup and view all the answers

    What is the watermark of English Jurisprudence according to the text?

    <p>Supremacy of Parliament</p> Signup and view all the answers

    What is the main purpose of judicial review in the context discussed?

    <p>To strike down legislation and actions as unconstitutional</p> Signup and view all the answers

    In what way is judicial review closely related to the rule of law?

    <p>By supervising the actions of the political arms of government</p> Signup and view all the answers

    What is the primary focus of judicial review in administrative law?

    <p>Reviewing the legality of administrative actions</p> Signup and view all the answers

    When did Ghana introduce judicial review into its legal system?

    <p>With the promulgation of the Independence Constitution of 1957</p> Signup and view all the answers

    What aspect of government actions does judicial review primarily aim to scrutinize?

    <p>The legality and constitutionality of government actions</p> Signup and view all the answers

    How does judicial review differ between constitutional law and administrative law contexts?

    <p>Constitutional law deals with legislation while administrative law regulates public agencies' functions</p> Signup and view all the answers

    What did Lord Woolf describe as the two faces of rationality in public law?

    <p>Insensibleness and flawed logic</p> Signup and view all the answers

    According to Lord Diplock, what constitutes procedural impropriety?

    <p>Failure to act with procedural fairness</p> Signup and view all the answers

    What was the key issue discussed in J.H.Mensah v Attorney General?

    <p>The demand for due process to be followed</p> Signup and view all the answers

    How did Lord Roskill commend Lord Diplock's principles?

    <p>By approving the threefold division</p> Signup and view all the answers

    In R v North and East Devon Health Authority, what was identified as a problem in irrational decisions?

    <p>Flawed logic</p> Signup and view all the answers

    What does adherence to procedure ensure according to the text?

    <p>Fairness and limitations on power</p> Signup and view all the answers

    What can lead to a decision made by an administrative body being quashed by the court?

    <p>Not acting in accordance with statutory or constitutional provisions</p> Signup and view all the answers

    In what circumstances may a court review decisions made by administrative bodies?

    <p>When decisions are made without satisfying certain conditions</p> Signup and view all the answers

    What was the outcome of the case of Mensima and Others v Attorney General and Other (1997-98) 1 GLR 159?

    <p>A regulation was struck down as unconstitutional</p> Signup and view all the answers

    What is meant by 'irrationality' when it comes to decision-making by administrative bodies?

    <p>Decisions taken without considering relevant deliberations</p> Signup and view all the answers

    What principles were established in the Associated Provincial Picture Houses Ltd v Wednesbury Corporation 1 KB 223 case?

    <p>'Wednesbury principles of unreasonableness'</p> Signup and view all the answers

    What happens when a decision-maker is not authorized to make a decision?

    <p>The court may quash the decision as inconsistent</p> Signup and view all the answers

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