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Questions and Answers
What is the result of a breach of the principles of natural justice?
What is the result of a breach of the principles of natural justice?
Which of the following is NOT one of the three remedies that courts can grant for judicial review?
Which of the following is NOT one of the three remedies that courts can grant for judicial review?
What does the term Certiorari mean in the context of judicial review?
What does the term Certiorari mean in the context of judicial review?
In what circumstance can Certiorari be issued?
In what circumstance can Certiorari be issued?
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Which of the following entities can be subject to a Certiorari order?
Which of the following entities can be subject to a Certiorari order?
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Which remedy is used to prevent an action from being taken in judicial review?
Which remedy is used to prevent an action from being taken in judicial review?
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What role does the court play in the issuance of Certiorari?
What role does the court play in the issuance of Certiorari?
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Judicial review remedies depend on which factor?
Judicial review remedies depend on which factor?
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What must an individual do before a court will hear a request for an order of Mandamus?
What must an individual do before a court will hear a request for an order of Mandamus?
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Which of the following statements accurately describes the nature of duties enforceable by Mandamus?
Which of the following statements accurately describes the nature of duties enforceable by Mandamus?
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What is the primary purpose of Judicial Review in the context of administrative law?
What is the primary purpose of Judicial Review in the context of administrative law?
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In which case was Mandamus granted for the release of exam results?
In which case was Mandamus granted for the release of exam results?
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Judicial Review aims to maintain fairness in which of the following contexts?
Judicial Review aims to maintain fairness in which of the following contexts?
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What behavior by a public administrative body can be treated as refusal?
What behavior by a public administrative body can be treated as refusal?
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Which of the following is NOT a purpose of Judicial Review?
Which of the following is NOT a purpose of Judicial Review?
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What does Judicial Control of the Executive seek to protect against?
What does Judicial Control of the Executive seek to protect against?
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What is necessary for members of a decision-making body with a pecuniary interest to avoid bias?
What is necessary for members of a decision-making body with a pecuniary interest to avoid bias?
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What can happen if a decision is made without due regard to fair hearing principles?
What can happen if a decision is made without due regard to fair hearing principles?
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What does the 'real danger test' assess in relation to official decisions?
What does the 'real danger test' assess in relation to official decisions?
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What legal recourse exists for a party aggrieved by a procedural flaw in a decision?
What legal recourse exists for a party aggrieved by a procedural flaw in a decision?
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In the context of administrative law, what does 'actual bias' refer to?
In the context of administrative law, what does 'actual bias' refer to?
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What principle does administrative law uphold regarding hearings?
What principle does administrative law uphold regarding hearings?
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What is the outcome if bias is identified in a decision-making process?
What is the outcome if bias is identified in a decision-making process?
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What can influence a public body's decision validity?
What can influence a public body's decision validity?
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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.
