Exclusivity Principle Judicial Review Quiz and Flashcards

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Questions and Answers

What is the legal basis of Judicial Review?

Order 53 of the Civil Procedure Rules
Traditional common law power to review government action (correct)
Section 149 of the Equality Act 2010
Wandsworth LBC v Winder

What is the purpose of the permission requirement in Judicial Review?

To ensure the claimant has a good understanding of the law
To allow the claimant to amend their claim
To protect public authorities from unmeritorious claims (correct)
To delay the judicial review process

What is the principle that restricts Judicial Review to public law matters?

Democratic legitimacy
Human rights exclusivity
Substantive exclusivity
Procedural exclusivity (correct)

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 (B) Signup and view all the answers

What is the exception to the exclusivity principle?

When civil or private rights also arise in the case (B) Signup and view all the answers

Which tribunal has been given the power of Judicial Review?

Upper Tribunal (B) Signup and view all the answers

What is the primary consideration for a decision maker in ensuring fair procedures?

Avoiding bias and upholding the rights of individuals (A) Signup and view all the answers

What is the purpose of the Common Law Duty of Fairness?

To fill the gaps where there is no procedure in statute (A) Signup and view all the answers

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 (D) Signup and view all the answers

What is the consequence of a public body not following a statutory procedure?

There is a breach of the statutory requirement (B) Signup and view all the answers

What is the underlying principle of the duty of fairness in public law decision-making?

The protection of human rights and individual interests (A) Signup and view all the answers

What is the main purpose of discretionary powers given to public bodies?

To allow public bodies to make decisions in accordance with public interest (D) Signup and view all the answers

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 (C) Signup and view all the answers

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 (A) Signup and view all the answers

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 (D) Signup and view all the answers

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 (A) Signup and view all the answers

What is the purpose of judicial review in cases of public decision-making?

To determine if the decision is lawful and procedurally proper (A) Signup and view all the answers

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

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Description

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.