30 Questions
What is one of the grounds for judicial review discussed in the text?
Illegality
In which case did the House of Lords rule that exercises of the Royal Prerogative were generally subject to judicial review?
Council for Civil Service Unions v Minister for the Civil Service (GCHQ Case) (1983)
What was the reason given by the British government under Margaret Thatcher for not allowing employees of GCHQ to join trade unions?
National security reasons
Which of the following is NOT mentioned as a ground for judicial review in the text?
Inefficacy
What type of public body action makes judicial review available according to the text?
Acting ultra vires and contravening rules of natural justice
The House of Lords' decision regarding the Royal Prerogative and judicial review represented a significant break from what previous law?
Prerogative powers not being subject to judicial review
According to Lord Reid in Minister of Technology AC 610, what is the general rule for exercising a statutory discretion?
Being willing to listen to reasonable arguments
In the context of statutory discretion, what does 'fettering discretion' refer to?
Limiting the exercise of discretion by preconceived rules or policies
In R v Waltham Forest London Borough Council, ex p Baxter (1988), what was the duty imposed on a councilor in terms of voting on a resolution?
Make up his own mind on how to vote
What distinguishes a policy from a rule according to Lord Reid?
There is no significant difference between a policy and a rule
When may an authority evolve a policy so precise that it resembles a rule according to Lord Reid?
After dealing with a multitude of similar applications
What did R v Waltham Forest London Borough Council, ex p Baxter (1988) hold regarding voting on a resolution?
Councilors should make their own informed decision on how to vote
What are the three grounds identified by Lord Diplock in the GCHQ case for which administrative action is subject to control?
Illegality, irrationality, procedural impropriety
What does Lord Diplock mean by 'illegality' as a ground for judicial review?
The decision-maker must understand correctly the law regulating decision-making power.
What term describes a decision that exceeds the power given to the decision-maker?
Ultra Vires
In the case of A-G v Fulham Corpn (1921), what Act did the new scheme introduced by Fulham corporation fall outside of?
Baths and Washhouses Acts 1846 to 1878
Who is ultimately responsible for the actions of responsible officials in a department?
The minister
Which of the following does NOT constitute a ground for judicial review based on Lord Diplock's classification?
Inability
What is the term used to describe a decision-maker giving up their discretion by setting rigid rules for themselves?
Fettering
What is the consequence of a minister selecting an official who is not competent for an important matter?
The minister must answer for it in Parliament
How do courts view decisions made by a decision-maker acting for an improper purpose?
They will be prepared to intervene
In what way does Parliament intend for powers conferred on a decision-maker to be used?
For a particular purpose or purposes
What determines if a decision-maker has acted lawfully with the conferred powers?
Acting in accordance with the statutory purpose
What is constitutionally considered to be the decision of the minister?
Decision of the department officials
What was the outcome in Barnard v National Dock Labour Board (1953) regarding the delegation of disciplinary powers?
Delegation of disciplinary powers to the Port Manager was held to be unlawful
Lord Greene MR in Carltona Ltd v Commissioners of Works highlighted that functions given to ministers are so multifarious that:
No minister could personally attend to them all
What was the main reason given for the unlawful delegation in Barnard v National Dock Labour Board?
The London Dock Labour Board was not authorized to delegate powers
What was Lord Greene MR's opinion on the personal involvement of ministers in every matter?
Ministers cannot personally attend to every matter due to their multifarious functions
What was found to be an example of an unlawful delegation of discretion?
Regulation requiring ministers' personal involvement in all matters
In Carltona Ltd v Commissioners of Works, Lord Greene MR mentioned that ministers are constitutionally responsible because:
The functions given to them are constitutionally proper and multifarious
Explore the legal principle stated by Lord Reid regarding the exercise of statutory discretion and the duty to consider substantial arguments for policy changes. Understand the importance of not shutting ears to applications and the distinction between policy and rules.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
