17 Questions
What is the legal basis of Judicial Review?
Traditional common law power to review government action
What is the purpose of the permission requirement in Judicial Review?
To protect public authorities from unmeritorious claims
What is the principle that restricts Judicial Review to public law matters?
Procedural exclusivity
In which case did the court rule that a private law claim was an abuse of procedure and should be struck out?
O'Reilly v Mackman
What is the exception to the exclusivity principle?
When civil or private rights also arise in the case
Which tribunal has been given the power of Judicial Review?
Upper Tribunal
What is the primary consideration for a decision maker in ensuring fair procedures?
Avoiding bias and upholding the rights of individuals
What is the purpose of the Common Law Duty of Fairness?
To fill the gaps where there is no procedure in statute
What is the significance of the case of Durayappah v Fernando in the context of the duty of fairness?
It laid down the factors for determining the level of duty owed
What is the consequence of a public body not following a statutory procedure?
There is a breach of the statutory requirement
What is the underlying principle of the duty of fairness in public law decision-making?
The protection of human rights and individual interests
What is the main purpose of discretionary powers given to public bodies?
To allow public bodies to make decisions in accordance with public interest
What is the key principle of the Wednesbury principle?
A decision is irrational if it is so unreasonable that no reasonable decision maker could have come to the same decision
What was the main argument made by Coughlan in the R (on the application of Coughlan) v Minister for the Cabinet Office case?
The voter ID requirements would disenfranchise the poor/vulnerable whose voices aren’t heard
What is the significance of the R (on the application of Coughlan) v Minister for the Cabinet Office case?
It clarified that the introduction of voter ID pilot schemes is a matter of statutory interpretation
What is the relationship between discretionary powers and public policies?
Discretionary powers cannot be delegated, but public policies must be lawful and provide guidance on how to reach decisions
What is the purpose of judicial review in cases of public decision-making?
To determine if the decision is lawful and procedurally proper
Study Notes
Discretionary Powers
- Discretionary powers cannot be delegated
- Public bodies can adopt policies to make decisions and provide guidance, but policies must be lawful
Judicial Review (JR)
- R (on the application of Coughlan) v Minister for the Cabinet Office: introduction of voter ID pilot schemes was legal under section 10 of the Representation of the People Act 2000
- JR is not a merits review, focuses on the process, not the decision itself
- Grounds for JR: illegality, irrationality, procedural impropriety
Irrationality and Procedural Impropriety
- Irrationality: the decision was so unreasonable that no reasonable decision maker could have come to the same decision (Wednesbury principle)
- Procedural impropriety: whether the decision was made properly and fairly
Public Law and JR
- Public law matters can only be pursued by way of JR
- JR is restricted to public law (‘procedural exclusivity’)
- Exceptions to the ‘exclusivity principle’: civil/private rights also arise in the case, but these are not being pursued through JR
Upper Tribunal and JR
- Upper Tribunal has the power of JR of certain tribunals
- JR depends on the nature of government powers
Statutory Procedural Requirement and Common Law Duty of Fairness
- Statutory Procedural Requirement: is there a procedure laid down in statute?
- Common Law Duty of Fairness: used when there is no procedure in statute, 3 steps:
- Existence of The Duty of Fairness
- Level of Duty Owed
- Content of duty
Test your knowledge on Judicial Review (JR) and its application in public law, including the Public Sector Equality Duty, Equality Act 2010, and procedural exclusivity. Learn about the origins of JR in common law and its role in reviewing government actions. Assess your understanding of key cases like O'Reilly v Mackman.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
