Judicial Review Concepts and Cases

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Questions and Answers

Match the following examples with the type of judicial review they illustrate, based on the provided text.

The decision of a prison governor to impose a disciplinary award. = Review of decisions within public administration The decision of the Law Society to discipline a lawyer. = Judicial review of decisions by non-governmental bodies The refusal by the government to renew a sea-fishing licence. = Judicial review of ministerial decisions The decision of a local authority to impose charges for connecting to their sewers. = Judicial review of decisions at all levels of government

Match the following legal cases with the relevant legal principles they illustrate:

State (Hughes) v Neylon (1982) = The right to be tried by a jury drawn from a particular locality is not absolute. Irish Times Ltd v Ireland (1998) = Restrictions on reporting of criminal trials must be justified by evidence of a real risk to a fair trial. State (McCormack) v Curran (1987) = The decision of the Director of Public Prosecutions (DPP) to prosecute or not is reviewable by the courts. H v Director of Public Prosecutions (2000) = The DPP is not required to provide reasons for their decision not to prosecute.

Match the legal writs with their respective functions:

Certiorari = Quashing a decision made without jurisdiction or in excess of jurisdiction. Prohibition = Preventing a court or tribunal from proceeding with a matter outside its jurisdiction.

Match the following legal concepts with their definitions:

Mala fide = Acting in bad faith or with improper motives. Abdicating functions = Failing to perform a statutory duty. Improper motive = A motive that is not legitimate or justified. Signup and view all the answers

Match the following legal bodies with their primary functions:

Director of Public Prosecutions (DPP) = Deciding whether or not to prosecute criminal offenses. Circuit Court = Trying criminal offenses and hearing civil cases. High Court = Reviewing decisions of lower courts. Signup and view all the answers

Match the legal principles with their relevance in the context of judicial review:

Article 34.1 of the Constitution = Ensures public access to the administration of justice. Article 40.6.1 of the Constitution = Guarantees freedom of expression. Signup and view all the answers

Match the following legal cases with the legal principles they illustrate:

State (Hughes) v Neylon (1982) = The President of the Circuit Court has the power to transfer business to another location. Irish Times Ltd v Ireland (1998) = The freedom of expression may be restricted to protect the right to a fair trial. State (McCormack) v Curran (1987) = The DPP has a statutory duty to perform their functions in relation to criminal prosecutions. H v Director of Public Prosecutions (2000) = The DPP does not have to explain their reasoning for decisions not to prosecute. Signup and view all the answers

Match the following events with their relevant legal consequences.

Destruction of a courthouse = The President of the Circuit Court may transfer business to another location. Imposition of reporting restrictions on a criminal trial = The High Court may quash the order if it infringes constitutional rights. Signup and view all the answers

Match the following legal principles with the relevant legal writs.

Judicial review of a decision made in excess of jurisdiction = Certiorari Judicial review of a decision made without jurisdiction = Prohibition Preventing a court from proceeding with a matter outside its jurisdiction = Prohibition Signup and view all the answers

Match the following legal cases with the relevant legal principle they illustrate, based on the provided text.

Murphy v Turf Club = A court is not confined to the source of the body's powers and duties… it may also look to the nature of those powers and duties… R v Panel on Take-overs and Mergers, ex p Datafin plc = The relationship between the Applicant and the Turf Club was contractual in nature Rajah v Royal College of Surgeons in Ireland = The decision of a domestic tribunal exercising a regulatory function over an interested person is not subject to judicial review Rafferty v Bus Éireann = If the duties imposed on a body are public duties, and… the body exercises public law functions, then… its decisions may be subject to judicial review. Signup and view all the answers

Match the legal cases with the relevant legal principle they illustrate, concerning the source of a decision-maker’s authority.

Murphy v Turf Club = A decision-maker's authority is derived solely from a contractual agreement, express or implied, between the parties. R v Panel on Take-overs and Mergers, ex p Datafin plc = A decision-maker's authority can be derived from a statutory basis, and the nature of the powers and duties exercised by the body is a key factor in determining its subject to judicial review. Rajah v Royal College of Surgeons in Ireland = A decision-maker's authority derives solely from its establishment by royal charter, even if it is exercising a regulatory function over an individual. Rafferty v Bus Éireann = A decision-maker's authority can be derived from a statute, and the exercise of public law functions can lead to judicial review of their decisions. Signup and view all the answers

Match each legal case with the relevant judicial outcome for the applicant.

Murphy v Turf Club = The applicant's application for judicial review was dismissed. R v Panel on Take-overs and Mergers, ex p Datafin plc = A decision-maker’s status can be determined based on the nature of its powers and duties, even if the source of these powers is not statutory. Rajah v Royal College of Surgeons in Ireland = The applicant's application for judicial review was dismissed. Rafferty v Bus Éireann = The applicant’s claim was successful, implying the decision was subject to judicial review. Signup and view all the answers

Match the legal cases with the relevant type of decision-maker they involve.

Murphy v Turf Club = A domestic tribunal exercising a regulatory function over an interested person. R v Panel on Take-overs and Mergers, ex p Datafin plc = A public body with public law functions. Rajah v Royal College of Surgeons in Ireland = A professional body operating under a royal charter. Rafferty v Bus Éireann = A public body with statutory powers, exercising public law functions. Signup and view all the answers

Match the following arguments against judicial review of executive policy decisions with their corresponding justifications as presented in the text.

The adversarial system is unsuitable for resolving complex policy issues = The adversarial system is arguably inappropriate for determining broader issues affecting many parties with different and perhaps competing interests. Policy decisions should be made by the executive, not the courts = It is undesirable in principle that the courts should resolve essentially political questions. Judges lack expertise in policy matters = Judges themselves have no training in, and little experience of, policy issues; such issues may therefore be better left to the political decision-maker who enjoys greater freedom of action. Policy decisions are based on policy, not law, making them unsuitable for judicial review = They are based on considerations of policy, as opposed to law; there are no recognized legal standards by which they can be tested in the courts. Signup and view all the answers

Match the following cases with their respective outcomes regarding judicial review of executive policy decisions.

Crotty v An Taoiseach 1987 = The Supreme Court declared the ratification of the Single European Act unconstitutional based on its impact on the State's foreign policy. O'Donoghue v Minister for Health 1996 = The High Court found that the government's failure to provide adequate educational facilities for a child with a disability violated his constitutional rights. Signup and view all the answers

Match the following aspects of executive policy decisions with their corresponding descriptions from the text.

Ratification of the Single European Act = Ratification of the Single European Act was carried out by the Executive. The case of the 8-month-old child with Reye's syndrome = 8 mth old child contracted Reye's syndrome Suffered residual quadriplegia/profound mental handicap Almost no educational facilities made available by State The impact of the O'Donoghue case = Effect of ruling: Policy decisions may also be subject to review, at least indirectly, if their effect is to deny individual constitutional rights. Signup and view all the answers

Match the following arguments for judicial review of executive policy decisions with their corresponding justifications as presented in the text.

Policy decisions can be challenged if they violate constitutional rights = Effect of ruling: Policy decisions may also be subject to review, at least indirectly, if their effect is to deny individual constitutional rights. The courts can provide a check on the executive's power = It is undesirable in principle that the courts should resolve essentially political questions. Signup and view all the answers

Match the following legal principles with their corresponding examples from the text.

Judicial review of executive action = Crotty v An Taoiseach 1987 Ratification of the Single European Act carried out by the Executive A declaration was granted by the Supreme Court declaring ratification unconstitutional The principle of separation of powers = It is undesirable in principle that the courts should resolve essentially political questions. Signup and view all the answers

Match the following legal principles with their descriptions based on the provided text.

Judicial review = A process whereby the courts scrutinize the exercise of power by public bodies to ensure it is lawful and procedurally fair. Public function = An activity carried out by a private body that could traditionally have been performed by a public authority. Direct effect = The principle that provisions of EU law can be directly enforced in national courts. Statutory instrument = A type of delegated legislation that sets out detailed rules for the implementation of a statute. Signup and view all the answers

Match the following legal cases with their relevant legal principles based on the given text.

Foster v British Gas = Direct effect of EU law applied to private bodies. Harvey v Minister for Social Welfare = Review of a statutory instrument for inconsistency with the parent statute. Signup and view all the answers

Match the following concepts with their descriptions based on the provided text.

Public law principles = Principles governing the actions of public bodies, such as fairness, transparency, and legality. Private law remedies = Legal remedies available to individuals against other individuals or private entities for breaches of contract or torts. Part-private, part-public entities = Organizations that combine elements of both private and public ownership and function. Contracted-out functions = Functions traditionally performed by public bodies that are now carried out by private companies under contract. Signup and view all the answers

Match the following arguments with their supporting justifications based on the provided text.

Judicial review should apply to private bodies exercising public functions = Private bodies exercising public functions should be held accountable for their actions, and private law remedies may be inadequate. Judicial review should not be restricted to governmental power = The focus of judicial review is the improper exercise of power, regardless of the source. Functions subject to public law should not be exempt from judicial review due to privatization = Privatization should not automatically lead to a reduction in legal standards. Signup and view all the answers

Match the following legal concepts with their defining characteristics:

Judicial function = Must be based on law or principle, not policy or discretion Quasi-judicial function = May involve an exercise of discretion Duty to act judicially = Applies to both judicial and quasi-judicial functions Final determination = A decision that is subject to appeal but can be enforced Signup and view all the answers

Match the following cases with their key legal principles:

State (Shannon Atlantic Fisheries Ltd) v Minister for Transport and Power 1976 = Decisions that are not binding or final can be subject to judicial review State (Hussey) v Irish Land Commission 1983 = Judicial review can be used to ensure procedural fairness in administrative decisions Signup and view all the answers

Match the following features with their respective legal concepts as defined in the text:

Lis inter partes = A dispute between two parties Final determination = A decision that can be enforced Exercise of discretion = A quasi-judicial function may involve this Binding decision = A decision that is not subject to appeal Signup and view all the answers

Match the following statements about the 'duty to act judicially' with their corresponding features:

The duty to act judicially applies to both judicial and quasi-judicial functions = It is a principle that applies to both judicial and quasi-judicial functions The function must be based on law or principle, not on policy or discretion = This is a defining characteristic of a judicial function The function must be capable of being enforced = This is a key element of a final determination The individual must be in a position to make a final determination = This is a defining characteristic of a judicial function Signup and view all the answers

Flashcards

Duty to Act Judicially

An obligation for decision-makers to function like judges, ensuring fairness and adherence to law.

Judicial Function Elements

Three elements: lis inter partes, individual determination by law, and ability to enforce decisions.