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 (C)</p> Signup and view all the answers

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

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

What is the basis of judicial review?

<p>Supremacy of the Constitution (D)</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 (B)</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 (D)</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 (A)</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) (C)</p> Signup and view all the answers

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

<p>Supremacy of Parliament (A)</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 (D)</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 (D)</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 (A)</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 (D)</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 (C)</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 (C)</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 (C)</p> Signup and view all the answers

According to Lord Diplock, what constitutes procedural impropriety?

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

How did Lord Roskill commend Lord Diplock's principles?

<p>By approving the threefold division (D)</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 (C)</p> Signup and view all the answers

What does adherence to procedure ensure according to the text?

<p>Fairness and limitations on power (B)</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 (A)</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 (C)</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 (A)</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 (C)</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' (B)</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 (C)</p> Signup and view all the answers

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