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Questions and Answers
What is the primary purpose of judicial review?
What is the primary purpose of judicial review?
In the context of public functions, who often grants powers to public bodies?
In the context of public functions, who often grants powers to public bodies?
What does it mean for a minister to act 'intra vires'?
What does it mean for a minister to act 'intra vires'?
In Padfield v Minister of Agriculture, Fisheries and Food (1968), what was the outcome of the challenge?
In Padfield v Minister of Agriculture, Fisheries and Food (1968), what was the outcome of the challenge?
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What is the main focus of judicial review?
What is the main focus of judicial review?
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What is the main purpose of judicial review?
What is the main purpose of judicial review?
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What did the House of Lords rule regarding a minister's discretion to refuse an investigation?
What did the House of Lords rule regarding a minister's discretion to refuse an investigation?
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According to Lord Clyde in REID V SECRETARY OF STATE FOR SCOTLAND (1999), what does judicial review involve?
According to Lord Clyde in REID V SECRETARY OF STATE FOR SCOTLAND (1999), what does judicial review involve?
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Why is it essential for the judiciary to be separate from and independent of the executive?
Why is it essential for the judiciary to be separate from and independent of the executive?
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What does Lord Atkin's statement in Liversidge v Anderson (1942) imply?
What does Lord Atkin's statement in Liversidge v Anderson (1942) imply?
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Study Notes
Judicial Review Overview
- Primary purpose is to ensure that public bodies act within their legal powers and uphold the rule of law.
- It serves to check the legality of decisions made by public authorities and protect individual rights.
Powers of Public Bodies
- Powers are often granted by legislation or statutory instruments, delineating the scope of authority for public bodies to operate.
Intra Vires
- For a minister to act 'intra vires' means they are exercising powers granted to them by law or statute, acting within their legal authority.
Padfield v Minister of Agriculture, Fisheries and Food (1968)
- The outcome was that the House of Lords ruled the minister's refusal to investigate complaints was irrational, emphasizing the need for proper use of discretion.
Focus of Judicial Review
- Main focus is on the legality of administrative action rather than on the merits of the decision itself, examining whether the decision was made in accordance with the law.
Judicial Review Purpose
- Aims to safeguard against arbitrary powers of public authorities, ensuring governmental accountability and adherence to statutory requirements.
House of Lords Ruling on Minister's Discretion
- The House of Lords affirmed that a minister does not have unfettered discretion and must exercise powers reasonably and for the intended purpose.
Lord Clyde's View on Judicial Review
- Judicial review involves examining the legality of an action, ensuring public authorities adhere to legal standards and principles of fairness.
Importance of Judicial Independence
- Essential for the judiciary to be separate from and independent of the executive to maintain impartiality, protect citizens' rights, and prevent abuses of power.
Lord Atkin's Statement in Liversidge v Anderson (1942)
- Implies that protection of the individual against arbitrary detention must be prioritized, reinforcing the judiciary's role in safeguarding civil liberties.
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Description
Learn about the concept of judicial review, which allows courts to control the exercise of governmental power and determine the lawfulness of the exercise of executive power. Explore the legality of decision-making processes rather than the merits of the decisions themselves.
