Minister of Technology AC 610 (House of Lords) Lord Reid

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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 (B)</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 (D)</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 (A)</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 (D)</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 (D)</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 (B)</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 (D)</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 (A)</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 (A)</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 (B)</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. (D)</p> Signup and view all the answers

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

<p>Ultra Vires (A)</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 (D)</p> Signup and view all the answers

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

<p>The minister (B)</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 (B)</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 (A)</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 (D)</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 (A)</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 (C)</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 (D)</p> Signup and view all the answers

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

<p>Decision of the department officials (C)</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 (D)</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 (A)</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 (C)</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 (D)</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 (C)</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 (A)</p> Signup and view all the answers

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