Minister of Technology AC 610 (House of Lords) Lord Reid
30 Questions
1 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is one of the grounds for judicial review discussed in the text?

  • Inefficiency
  • Immorality
  • Illegality (correct)
  • Impossibility
  • In which case did the House of Lords rule that exercises of the Royal Prerogative were generally subject to judicial review?

  • R v Secretary of State for Foreign Affairs (1990)
  • Regina v Minister of Justice (1976)
  • Council for Civil Service Unions v Minister for the Civil Service (GCHQ Case) (1983) (correct)
  • Smith v Government Communications Headquarters (1995)
  • 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 (correct)
  • Political reasons
  • Economic reasons
  • Social reasons
  • Which of the following is NOT mentioned as a ground for judicial review in the text?

    <p>Inefficacy</p> Signup and view all the answers

    What type of public body action makes judicial review available according to the text?

    <p>Acting ultra vires and contravening rules of natural justice</p> Signup and view all the answers

    The House of Lords' decision regarding the Royal Prerogative and judicial review represented a significant break from what previous law?

    <p>Prerogative powers not being subject to judicial review</p> Signup and view all the answers

    According to Lord Reid in Minister of Technology AC 610, what is the general rule for exercising a statutory discretion?

    <p>Being willing to listen to reasonable arguments</p> Signup and view all the answers

    In the context of statutory discretion, what does 'fettering discretion' refer to?

    <p>Limiting the exercise of discretion by preconceived rules or policies</p> Signup and view all the answers

    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?

    <p>Make up his own mind on how to vote</p> Signup and view all the answers

    What distinguishes a policy from a rule according to Lord Reid?

    <p>There is no significant difference between a policy and a rule</p> Signup and view all the answers

    When may an authority evolve a policy so precise that it resembles a rule according to Lord Reid?

    <p>After dealing with a multitude of similar applications</p> Signup and view all the answers

    What did R v Waltham Forest London Borough Council, ex p Baxter (1988) hold regarding voting on a resolution?

    <p>Councilors should make their own informed decision on how to vote</p> Signup and view all the answers

    What are the three grounds identified by Lord Diplock in the GCHQ case for which administrative action is subject to control?

    <p>Illegality, irrationality, procedural impropriety</p> Signup and view all the answers

    What does Lord Diplock mean by 'illegality' as a ground for judicial review?

    <p>The decision-maker must understand correctly the law regulating decision-making power.</p> Signup and view all the answers

    What term describes a decision that exceeds the power given to the decision-maker?

    <p>Ultra Vires</p> Signup and view all the answers

    In the case of A-G v Fulham Corpn (1921), what Act did the new scheme introduced by Fulham corporation fall outside of?

    <p>Baths and Washhouses Acts 1846 to 1878</p> Signup and view all the answers

    Who is ultimately responsible for the actions of responsible officials in a department?

    <p>The minister</p> Signup and view all the answers

    Which of the following does NOT constitute a ground for judicial review based on Lord Diplock's classification?

    <p>Inability</p> Signup and view all the answers

    What is the term used to describe a decision-maker giving up their discretion by setting rigid rules for themselves?

    <p>Fettering</p> Signup and view all the answers

    What is the consequence of a minister selecting an official who is not competent for an important matter?

    <p>The minister must answer for it in Parliament</p> Signup and view all the answers

    How do courts view decisions made by a decision-maker acting for an improper purpose?

    <p>They will be prepared to intervene</p> Signup and view all the answers

    In what way does Parliament intend for powers conferred on a decision-maker to be used?

    <p>For a particular purpose or purposes</p> Signup and view all the answers

    What determines if a decision-maker has acted lawfully with the conferred powers?

    <p>Acting in accordance with the statutory purpose</p> Signup and view all the answers

    What is constitutionally considered to be the decision of the minister?

    <p>Decision of the department officials</p> Signup and view all the answers

    What was the outcome in Barnard v National Dock Labour Board (1953) regarding the delegation of disciplinary powers?

    <p>Delegation of disciplinary powers to the Port Manager was held to be unlawful</p> Signup and view all the answers

    Lord Greene MR in Carltona Ltd v Commissioners of Works highlighted that functions given to ministers are so multifarious that:

    <p>No minister could personally attend to them all</p> Signup and view all the answers

    What was the main reason given for the unlawful delegation in Barnard v National Dock Labour Board?

    <p>The London Dock Labour Board was not authorized to delegate powers</p> Signup and view all the answers

    What was Lord Greene MR's opinion on the personal involvement of ministers in every matter?

    <p>Ministers cannot personally attend to every matter due to their multifarious functions</p> Signup and view all the answers

    What was found to be an example of an unlawful delegation of discretion?

    <p>Regulation requiring ministers' personal involvement in all matters</p> Signup and view all the answers

    In Carltona Ltd v Commissioners of Works, Lord Greene MR mentioned that ministers are constitutionally responsible because:

    <p>The functions given to them are constitutionally proper and multifarious</p> Signup and view all the answers

    More Like This

    Minister of Democratic Institutions Quiz
    20 questions
    21st Century Education
    4 questions
    The Minister's Black Veil Analysis
    42 questions
    Use Quizgecko on...
    Browser
    Browser