Judicial Review: Historical Development

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What is the basis of the argument made by LJ Farwell in the case of Dyson v Attorney General?

Judges are the only defence of liberty of the subject against departmental aggression.

In R v Shoreditch, what type of government decisions are reviewed?

Decisions outside of jurisdiction.

According to Anisminic, what happens to a decision if it contains a jurisdictional error?

The decision can be corrected by the courts.

In Miller no. 2, what is the relationship between royal prerogatives and judicial review?

Royal prerogatives are subject to judicial review.

What is the principle established in Padfield v Minister of Agriculture?

Discretion must be used to promote policy and objects of the Act.

What type of error was committed in the case of Education Secretary v Tameside Council?

Error of law.

What is the effect of a misdirection in law on a decision, as seen in Venables and Thompson?

It renders the decision nullified.

In E v Home Secretary, what type of error gives rise to unfairness?

Error of fact.

What is the principle established in Porter v Margill?

Acting on improper purposes is unlawful.

What is the effect of fettering discretion, as seen in ex p Kynoch?

Authorities may not have a rule that certain applications will always be refused.

Test your knowledge of the historical development of judicial review, including key cases and judgments that have shaped the concept. Explore the role of judges in defending liberty and the limits of executive power.

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