Natural Justice Breaches and Judicial Review

Questions and Answers

What is the result of a breach of the principles of natural justice?

The decision is immediately valid and unchallengeable.

The decision is considered null and void. (correct)

The decision remains valid until challenged.

The decision becomes enforceable.

Which of the following is NOT one of the three remedies that courts can grant for judicial review?

Prohibition

Mandamus

Injunction (correct)

Certiorari

What does the term Certiorari mean in the context of judicial review?

To confirm the validity.

To uphold a decision.

To be informed. (correct)

To reject the appeal.

In what circumstance can Certiorari be issued?

When a decision is deemed unjust by a public body. Signup and view all the answers

Which of the following entities can be subject to a Certiorari order?

Local authorities. Signup and view all the answers

Which remedy is used to prevent an action from being taken in judicial review?

Prohibition Signup and view all the answers

What role does the court play in the issuance of Certiorari?

To investigate and potentially quash decisions. Signup and view all the answers

Judicial review remedies depend on which factor?

The circumstances of the specific case. Signup and view all the answers

What must an individual do before a court will hear a request for an order of Mandamus?

Request the public body to perform the specific duty Signup and view all the answers

Which of the following statements accurately describes the nature of duties enforceable by Mandamus?

Specific duties are required for Mandamus to be applicable Signup and view all the answers

What is the primary purpose of Judicial Review in the context of administrative law?

To examine actions or inactions of public bodies Signup and view all the answers

In which case was Mandamus granted for the release of exam results?

Daniel Nyongesa & Others v. Egerton University College Signup and view all the answers

Judicial Review aims to maintain fairness in which of the following contexts?

In administrative authority actions Signup and view all the answers

What behavior by a public administrative body can be treated as refusal?

Taking no action for a prolonged period Signup and view all the answers

Which of the following is NOT a purpose of Judicial Review?

Provide compensation for damages Signup and view all the answers

What does Judicial Control of the Executive seek to protect against?

Excessive powers exercised by administrative bodies Signup and view all the answers

What is necessary for members of a decision-making body with a pecuniary interest to avoid bias?

They must disqualify themselves from the decision. Signup and view all the answers

What can happen if a decision is made without due regard to fair hearing principles?

The court may review and invalidate the decision. Signup and view all the answers

What does the 'real danger test' assess in relation to official decisions?

The extent to which personal interests influence decision-making. Signup and view all the answers

What legal recourse exists for a party aggrieved by a procedural flaw in a decision?

They can petition the court for review. Signup and view all the answers

In the context of administrative law, what does 'actual bias' refer to?

Bias that occurs despite a lack of likelihood of it happening. Signup and view all the answers

What principle does administrative law uphold regarding hearings?

Parties have a right to be heard in conformity with prescribed procedures. Signup and view all the answers

What is the outcome if bias is identified in a decision-making process?

The decision may be invalidated through quashing. Signup and view all the answers

What can influence a public body's decision validity?

Compliance with common law principles of fair hearing. Signup and view all the answers

Study Notes

Effect of Breach of Natural Justice

Failure to adhere to the rules of natural justice renders decisions or administrative actions null and void.
Decisions can be invalidated through judicial review if any rule of natural justice is breached.

Judicial Review Remedies

Three primary remedies available for judicial review:
- Certiorari
- Prohibition
- Mandamus
Courts determine the appropriate remedy based on specific circumstances of each case.

Certiorari

Latin term meaning "to be informed."
Historically a royal command to gather information on injustices.
Currently, serves to remove proceedings from lower courts or administrative bodies to the High Court for review.
Decisions may be quashed if found wanting, including cases of ultra vires.
Applicable against:
- Administrative tribunals
- Inferior courts, such as industrial courts
- Local authorities
- Government ministers
- Miscellaneous public bodies performing public functions.

Mandamus

Aimed at compelling an administrative body to perform a specific duty it has neglected.
Must be a specific duty, not general.
Example: In the case of Daniel Nyongesa v. Egerton University College, an order of mandamus was issued to release withheld exam results due to a refusal by the university.

Judicial Control of the Executive

Judicial review allows aggrieved individuals to seek legal redress in court.
It forms part of administrative law, allowing scrutiny of public bodies' actions.
Defined by the examination of how decisions were made or acts performed, as noted in Chief Constable of North Water Police v. Evans.
Primary purposes include:
- Preventing abuse of power by administrative bodies.
- Ensuring fair treatment for individuals by administrative authorities.
- Providing remedies for those harmed by excessive administrative actions.

Tests for Bias

Real Danger Test: Evaluates if there’s a genuine risk that an official's personal interest may influence their decision-making.
Actual Bias: Occurs when bias manifests even without a perceived risk, potentially invalidating decisions if decision-makers do not recuse themselves from pervasive conflicts of interest.

Unfair Hearing

Administrative bodies must provide fair hearings to all parties involved.
Statutes often outline required hearing procedures, implying a duty for fairness.
Common law principles dictate additional rules where statutes lack specificity.
Even a right decision can be quashed if procedural flaws, such as unfair hearing, are found to be damaging.
Illustrated in Neil v. North Antrim Magistrate’s Court, where a flawed process invalidated a decision, regardless of the merits of the case presented.

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Description

Explore the implications of breaching the principles of natural justice, including how such breaches can lead to decisions being deemed null and void. This quiz also discusses judicial review remedies available in such cases. Test your understanding of this essential legal concept.