Public Law: Illegality and Judicial Review
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Questions and Answers

What does 'ultra vires' refer to in the context of public law?

  • Ignoring material considerations
  • Understanding the law correctly
  • Acting beyond the boundaries of legal power (correct)
  • Acting within the boundaries of legal power

    • Illegality as a ground for judicial review ensures that decision-makers can act freely without any legal constraints.

    False

    What is a key requirement for a decision-maker in order to avoid illegality?

    The decision-maker must understand correctly the law that regulates their decision-making powers.

    A decision-making body that acts beyond its powers is acting __________.

    <p>ultra vires</p> Signup and view all the answers

    Which of the following is an example of simple illegality?

    <p>A local authority establishing a laundry service</p> Signup and view all the answers

    Illegality only refers to situations where no power exists for a decision-maker.

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

    Name one of the sub-categories of illegality.

    <p>Simple illegality or any of the other sub-categories identified.</p> Signup and view all the answers

    Match the examples to their corresponding concepts:

    <p>Police officer arresting for parking = Ultra vires Local authority setting up washhouses = Within legal power Secretary of State passing armed forces regulations = Ultra vires Providing services incidental to a power = Legitimate action</p> Signup and view all the answers

    What is the principle of legality?

    <p>The principle that Parliament did not intend to authorize the infringement of fundamental rights without very specific statutory authorisation.</p> Signup and view all the answers

    The case of R v Lord Chancellor, ex parte Witham established that the courts could not interfere with the setting of court fees, regardless of how high they were set.

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

    What is the name of the case that established that all errors of law are potentially reviewable?

    <p>R v Lord President of the Privy Council, ex parte Page</p> Signup and view all the answers

    The principle of legality is seen as an extension of the ______ doctrine.

    <p>ultra vires</p> Signup and view all the answers

    Which of the following scenarios could potentially be subject to judicial review based on an error of law?

    <p>A judge misinterprets the meaning of a statute when deciding a case.</p> Signup and view all the answers

    Match the following cases with their relevant legal principles.

    <p>Westminster Corporation v London &amp; North-West Railway = Illustrates the concept of implied powers R v Secretary of State for the Home Department, ex parte Leech (No 2) = Early case where the principle of legality was applied R v Secretary of State for the Home Department, ex parte Simms = Landmark case solidifying the principle of legality R v Lord Chancellor, ex parte Witham = Court fees set too high violate access to justice Anisminic Ltd v Foreign Compensation Commission = Error of law led to quashing of decision R v Lord President of the Privy Council, ex parte Page = Confirmed that all errors of law are reviewable</p> Signup and view all the answers

    The principle of legality only applies to cases involving fundamental rights, not ordinary legislative provisions.

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

    What was the main point of contention in the case of R (Forge Care Homes Ltd) v Cardiff and Vale University Health Board?

    <p>The Health Board misinterpreting s. 49 of the Health and Social Care Act 2001 related to the funding of care for residents in care homes.</p> Signup and view all the answers

    In which situation would the courts be most likely to intervene in a decision involving an error of law?

    <p>When a lower court makes a clear error of law in a case that is not final.</p> Signup and view all the answers

    The case of ______ dealt with the concept of precedent facts, which are key to determining the jurisdiction of a decision-maker.

    <p>Anisminic Ltd v Foreign Compensation Commission</p> Signup and view all the answers

    The courts have always been quick to intervene when a decision-maker has made an error of fact.

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

    What is the significance of the case of R v Monopolies Commission, ex parte South Yorkshire Transport Ltd?

    <p>It highlights the difficulties of interpreting imprecise terms in legislation and the dangers of imposing too much precision on ambiguous wording.</p> Signup and view all the answers

    Which of the following is NOT a type of error of fact that is now susceptible to judicial review?

    <p>Misinterpretation of a statutory provision</p> Signup and view all the answers

    Match the following definitions with their corresponding types of errors of fact:

    <p>Precedent facts = Determining whether a decision-maker's power exists based on an initial factual finding No evidence for a fact = A decision-maker makes a finding of fact without any evidence to support it Ignorance or mistake of an established fact = A decision-maker overlooks or makes a mistake about a fact that is well-established and readily available.</p> Signup and view all the answers

    Courts will always intervene when a decision-maker acts irrationally.

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

    Explain the difference between an error of law and an error of fact.

    <p>An error of law refers to a mistake in the application or interpretation of a legal rule, while an error of fact relates to a mistake or misjudgment about the underlying facts of a case.</p> Signup and view all the answers

    What was the main reason the Court of Appeal quashed the decision in White and Collins v Minister of Health?

    <p>The land was found to be 'parkland'</p> Signup and view all the answers

    The 'no evidence rule' allows courts to overturn a decision if a finding of fact is supported by some evidence.

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

    What case established the 'no evidence rule' in judicial review?

    <p>Coleen Properties v Minister of Health and Local Government</p> Signup and view all the answers

    In the case of Tameside MBC, the Secretary of State was mistaken about the nature and effect of ___ advice.

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

    What did the House of Lords conclude about the CICB case?

    <p>A mistake of fact can be a ground for judicial review</p> Signup and view all the answers

    Judicial review cannot be sought if there is a mistake of fact that causes unfairness.

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

    What must decision-makers refrain from considering according to statutory requirements?

    <p>Prohibitory factors</p> Signup and view all the answers

    What is the four-part test laid down in E v SSHD for determining a mistake of established fact?

    <ol> <li>Mistake as to an existing fact; 2. Established fact must be uncontentious; 3. Appellant must not be responsible for the mistake; 4. Mistake must have played a material part in the reasoning.</li> </ol> Signup and view all the answers

    A decision-maker acting unlawfully may take into account relevant factors as long as all appropriate considerations are included.

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

    What was the outcome of the Venables and Thompson case regarding the Home Secretary's decision?

    <p>The tariffs were quashed by the law lords.</p> Signup and view all the answers

    Which of the following is an example of a mandatory factor in a decision-making process?

    <p>Factors expressly stated in the statute</p> Signup and view all the answers

    In R v Secretary of State for the Home Department, ex parte Khawaja, the court reviewed whether the claimant was an ___ entrant.

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

    In R v Gloucester County Council, the court considered the local authority's lack of ______ in assessing needs for services under the Act.

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

    Match the following cases with their relevant legal issues:

    <p>R v Secretary of State for the Home Department, ex parte Venables and Thompson = Irrelevant factors influencing a judicial decision Roberts v Hopwood = Failure to consider ratepayers' interests Padfield v Minister of Agriculture = Improper purpose in exercising discretion R v East Sussex County Council, ex parte Tandy = Educational needs over financial constraints</p> Signup and view all the answers

    Match each case with its significance in judicial review:

    <p>White and Collins v Minister of Health = Mistaken ownership of parkland Coleen Properties v Minister of Health = Established no evidence rule Tameside MBC = Mistake in educational advice R v CICB = Mistaken evidence about medical findings</p> Signup and view all the answers

    Which factor was not taken into account by the Home Secretary in the Venables and Thompson case?

    <p>Welfare of the sentenced children</p> Signup and view all the answers

    In which case did the court conclude that a factual mistake could lead to a ground for review?

    <p>E v SSHD</p> Signup and view all the answers

    Which of the following is NOT one of the subclasses of material defects in the decision-making process?

    <p>Violation of procedural fairness</p> Signup and view all the answers

    Decision-makers can only act unlawfully if they ignore mandatory factors in their decisions.

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

    Improper purposes in decision-making have no overlap with irrelevant considerations.

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

    What was the primary reason for revoking television licences according to the ruling in Congreve v Home Office?

    <p>To ensure licences are not wrongfully used</p> Signup and view all the answers

    What did the House of Lords determine regarding the Minister's discretion in Padfield's case?

    <p>The decision was unlawful due to improper purpose.</p> Signup and view all the answers

    Lord Greene's formulation is widely accepted as the best description of unreasonableness.

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

    What was the outcome of R v Somerset County Council, ex parte Fewings regarding the decision to ban stag hunting?

    <p>The decision was found to be unlawful.</p> Signup and view all the answers

    What is the term Lord Diplock uses to describe unreasonableness?

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

    Discretionary factors may be considered if the decision-maker believes it is ______ to do so.

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

    The police in Miranda v Secretary of State for the Home Department acted within the purpose stated in the Terrorism Act 2000.

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

    In the legal perspective, an ___ of an established fact can form a basis for judicial review.

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

    In which case was it held that the Secretary of State fettered his discretion by not implementing a statutory scheme?

    <p>R v Secretary of State for the Home Department, ex parte Fire Brigades Union</p> Signup and view all the answers

    In the case of Short v Poole Corporation, a teacher was dismissed for having ________ hair.

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

    Match the case to the relevant factor emphasized in each situation:

    <p>R v Gloucester County Council, ex parte Barry = Paucity of resources Roberts v Hopwood = Wage increases for workers R v East Sussex County Council, ex parte Tandy = Educational assessment Venables and Thompson = Public clamour influence</p> Signup and view all the answers

    Match the following cases with their key points:

    <p>West Glamorgan CC v Rafferty = Eviction during lack of provided temporary sites Re Duffy = Unlawful appointment to Parades Commission R v Secretary of State for Environment, ex parte Fielder Estates = Unreasonable closure of public inquiry R v North-West Lancashire Health Authority, ex parte A, D &amp; G = Unlawful policy on gender reassignment surgery</p> Signup and view all the answers

    In which case was it highlighted that public concern must be distinguished from public clamour?

    <p>R v Secretary of State for the Home Department, ex parte Venables and Thompson</p> Signup and view all the answers

    In R v Secretary for the Environment, ex parte Brent LBC, it was stated that the minister's mind must be kept _____ when considering policies.

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

    What was held in the case of R v Devon CC, ex parte G regarding irrationality?

    <p>It casts doubt on the mental capacity of the decision-maker</p> Signup and view all the answers

    The availability of resources is always considered a relevant factor in decision-making.

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

    Match the following cases with their findings about discretionary power:

    <p>Congreve v Home Office = Licence revocation not justified British Oxygen v Board of Trade = Policy upheld due to individual consideration Ex parte Collymore = Unlawful fettering of discretion R v North-West Lancashire Health Authority = Rigid application led to denial of care</p> Signup and view all the answers

    Which of these best describes the outcome of the case R v North-West Lancashire Health Authority?

    <p>The rigid policy application led to unlawful refusal of care</p> Signup and view all the answers

    The decision in Re Duffy was deemed lawful.

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

    What legal principle does the failure to consider mandatory factors generally violate?

    <p>The ultra vires doctrine.</p> Signup and view all the answers

    In the context of judicial review, what constitutes 'irrationality'?

    <p>A decision that is so outrageous that no sensible person could have arrived at it.</p> Signup and view all the answers

    Public bodies are allowed to delegate their decision-making powers without limitations.

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

    Using a power granted by Parliament for an improper ______ is considered illegal.

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

    According to De Smith & Jowell, two classes of unreasonableness are flaws in the decision-making process and decisions that violate ________ principles.

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

    What is the role of courts in relation to discretion and relevance of factors?

    <p>To determine which factors are relevant based on statutory interpretation</p> Signup and view all the answers

    What is one consequence of a public body 'fettering' its discretion?

    <p>It hampers the body's ability to exercise discretion properly.</p> Signup and view all the answers

    In the case of Lavender v Minister of Housing and Local Government, the minister was found to have _____ his discretion.

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

    Match the following terms of unreasonableness to their descriptions:

    <p>Material defects = Serious flaws not related to illegality Irrationality = Lack of logical reasoning in a decision Tameside duty = Duty to make adequate enquiry Constitutional violations = Decisions that contravene foundational legal principles</p> Signup and view all the answers

    What was the main issue in the case of Ex parte Collymore?

    <p>An inflexible application of policy resulted in no awards</p> Signup and view all the answers

    What was the consequence of the decision in R v Secretary of State for Health, ex parte Luff?

    <p>The adoption application was deemed irrational.</p> Signup and view all the answers

    Buxton LJ found the health authority’s policy towards gender reassignment surgery to be lawful.

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

    The courts will always reject a blanket policy if it does not accommodate individual cases.

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

    What obligation does the discretionary power impose on the Secretary of State regarding the implementation of statutory provisions?

    <p>To consider bringing the provisions into force.</p> Signup and view all the answers

    What did Lord Cooke prefer to ask regarding a decision?

    <p>Whether the decision was one which a reasonable authority could reach.</p> Signup and view all the answers

    The decision in R v Secretary of State for Environment, ex parte Fielder Estates was so unreasonable that it verged on ________.

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

    The case of R (Luton BC and others) v Secretary of State for Education found that projects should be evaluated on their own _____ after consultation.

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

    Match the following scenarios with the terms they illustrate:

    <p>Fettering of discretion = Rigid application of policy leading to refusal of individual consideration Delegation of discretion = Public body transferring its decision-making power Proper exercise of discretion = Individual cases considered on their own merits Unlawful application of policy = Inability to award grants despite appeal</p> Signup and view all the answers

    What was the main issue in the case of R (Rogers) v Swindon NHS Primary Care Trust & Secretary of State for Health?

    <p>Breast cancer treatment availability</p> Signup and view all the answers

    The court found that the Treasury's actions regarding Bank Mellat were lawful and proportionate.

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

    What term describes the duty of decision-makers to become adequately informed before making a rational decision?

    <p>Tameside duty</p> Signup and view all the answers

    The case of ______ v HM Treasury involved challenges related to unreasonableness and the actions of the Treasury against a bank.

    <p>Bank Mellat</p> Signup and view all the answers

    In which case was a convicted rapist released by the Parole Board, leading to a subsequent challenge on its decision?

    <p>R (DSD and NBV) v The Parole Board</p> Signup and view all the answers

    The ruling in Wheeler v Leicester City Council found the ban on the rugby club to be a reasonable exercise of statutory power.

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

    What must the absence of critical information render a decision in the context of the Tameside duty?

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

    Lord Sumption criticized the treatment of Bank Mellat, stating it was _______ and singled out for harsher treatment than other institutions.

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

    Match the case with its primary issue:

    <p>R (Rogers) v Swindon NHS Primary Care Trust = Availability of breast cancer treatment Bank Mellat v HM Treasury = Prohibition on financial dealings R (DSD and NBV) v The Parole Board = Parole decision and public safety Wheeler v Leicester City Council = Improper use of statutory power</p> Signup and view all the answers

    Which of the following issues did the case of R (Plantagenet Alliance) v Secretary of State for Justice relate to?

    <p>Reburial of Richard III</p> Signup and view all the answers

    The Tameside duty entails a process-based standard of decision-making.

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

    What was the main flaw identified in the Parole Board's handling of John Radford's case?

    <p>Failure to make further inquiries</p> Signup and view all the answers

    The concept of _________ unreasonable refers to actions that are deemed excessively burdensome or punitive.

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

    Which Lord discussed the importance of asking the right question in decision-making in the Tameside case?

    <p>Lord Diplock</p> Signup and view all the answers

    What principle did Lord Ackner argue against in the case of R v Secretary of State for the Home Department, ex parte Brind?

    <p>Proportionality doctrine</p> Signup and view all the answers

    Lord Cooke supported the Wednesbury test in his critique of administrative law.

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

    Which case involved the Supreme Court engaging directly with proportionality in the context of deportation?

    <p>Pham v Secretary of State for the Home Department</p> Signup and view all the answers

    The case of R (Alconbury) v Secretary of State for the Environment, Transport and the Regions suggested that __________ should be recognized as an established principle of administrative law.

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

    Match the following legal principles to their supporters:

    <p>Wednesbury unreasonableness = Lord Ackner Proportionality = Lord Cooke Judicial Invalidation Standards = Lord Steyn Need for review = Lord Carnwath</p> Signup and view all the answers

    In which case did Lord Slynn convey his belief about the unnecessary confusion between Wednesbury and proportionality?

    <p>R (Alconbury) v Secretary of State</p> Signup and view all the answers

    The case of Pham concluded that the proportionality standard always encourages greater judicial intervention.

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

    Under s. 101 of the Local Government Act 1972, who can local authorities delegate their functions to?

    <p>Committees, council officers, or another local authority</p> Signup and view all the answers

    What was Lord Neuberger's view on replacing Wednesbury unreasonableness with a proportionality standard?

    <p>It should be sanctioned by a full panel of the UK Supreme Court.</p> Signup and view all the answers

    The Carltona principle allows a government minister to delegate their decision-making powers without restrictions.

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

    The case that recognized the limitations and distinctions between Wednesbury standards and proportionality was __________.

    <p>R (Daly) v Secretary of State</p> Signup and view all the answers

    What is the significance of the Wednesbury test?

    <p>It determines whether a decision made by a public body is so unreasonable that a reasonable authority could not have made it.</p> Signup and view all the answers

    The Carltona principle was established in the case of ________ v Commissioners of Works.

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

    In the case of Youssef v Secretary of State, what did Lord Carnwath hope for regarding public law?

    <p>An authoritative review of public law</p> Signup and view all the answers

    Match the following cases with their outcomes:

    <p>Carltona v Commissioners of Works = Established that ministers can delegate discretion R (Chief Constable of West Midlands Police) v Birmingham Justices = Permitted delegation by public office holders to subordinates R v Secretary of State for the Home Department, ex parte Oladehinde = Decisions to deport can be made by Immigration Inspectors Associated Provincial Picture Houses Ltd v Wednesbury Corporation = Outlined the Wednesbury test for unreasonable decisions</p> Signup and view all the answers

    In which context was the Carltona principle primarily concerned?

    <p>Central government</p> Signup and view all the answers

    A public office holder can delegate all functions without any accountability.

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

    Name one requirement that must be met for the delegation of power according to the court's reasoning.

    <p>The official exercising the delegated power must be of an appropriate level of seniority.</p> Signup and view all the answers

    The court held in ________ that it was unreasonable for prisoners to be kept in solitary confinement without proper authorization.

    <p>R (Bourgass) v Secretary of State for Justice</p> Signup and view all the answers

    Which principle governs the court's ability to interfere with executive decisions when deemed unreasonable?

    <p>Wednesbury unreasonableness</p> Signup and view all the answers

    Decisions made by civil servants can be challenged on the basis of reasonableness.

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

    What must be established to prove a case of Wednesbury unreasonableness?

    <p>That the decision is so unreasonable that no reasonable authority could ever have come to it.</p> Signup and view all the answers

    The ________ Entertainments Act 1932 granted local authorities power regarding Sunday film show licenses.

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

    Which aspect of accountability is connected to the Carltona principle?

    <p>Political accountability</p> Signup and view all the answers

    The Wednesbury test only applies in cases concerning local authorities.

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

    What does the term 'super-Wednesbury' refer to in judicial review?

    <p>Policy decisions not typically subject to judicial review</p> Signup and view all the answers

    The court intervened in the Cambridge District Health Authority case to ensure medical treatment for the child.

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

    What standard of scrutiny is applied in cases concerning fundamental or human rights?

    <p>Sub-Wednesbury</p> Signup and view all the answers

    The principle of __________ demands that the means employed by a decision-maker must be no more than necessary to achieve a legitimate aim.

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

    Match the following cases with their significance:

    <p>Nottinghamshire County Council v Secretary of State for the Environment = Coined the term 'super-Wednesbury' R v Cambridge District Health Authority = Court declined to intervene on allocation of medical resources Bugdaycay v Secretary of State for the Home Department = Applied rigorous scrutiny to life-risk decisions R v Ministry of Defence, ex parte Smith = Discharged military personnel based on sexuality</p> Signup and view all the answers

    What was a key factor in the court's decision in R v Ministry of Defence, ex parte Smith?

    <p>The policy had significant support in Parliament</p> Signup and view all the answers

    The HRA has introduced the proportionality test for judicial reviews concerning human rights.

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

    In which case did the Court of Appeal hold that the minister had acted irrationally regarding Pakistan?

    <p>R v Secretary of State for the Home Department, ex parte Javed</p> Signup and view all the answers

    A decision is subject to a more rigorous examination when it involves an applicant’s right to __________.

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

    Match the terms with their definitions:

    <p>Wednesbury unreasonableness = Standard for judicial review of administrative decisions Sub-Wednesbury = Heightened scrutiny regarding fundamental rights Proportionality = Test ensuring means are necessary for achieving aims Super-Wednesbury = Political judgments outside typical judicial review</p> Signup and view all the answers

    What was the primary reason the court did not intervene in the Cambridge District Health Authority case?

    <p>The allocation of resources was deemed a political decision</p> Signup and view all the answers

    The courts have historically been unwilling to question decisions affecting human rights.

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

    What does the term 'Rogers' in R (Rogers) v Swindon NHS Primary Care Trust suggest about judicial review?

    <p>It involved rigorous scrutiny despite no formal human rights argument.</p> Signup and view all the answers

    The __________ principle requires that the means used in decision-making should not exceed what is necessary to achieve legitimate aims.

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

    Which of the following best describes the outcome of Bugdaycay v Secretary of State for the Home Department?

    <p>Rigorous scrutiny was applied due to life risk observation</p> Signup and view all the answers

    In the case of R v Secretary of State for the Home Department, ex parte Norney, what was the policy deemed 'Wednesbury unreasonable'?

    <p>Refusing to refer IRA prisoners to the Parole Board until their tariff had expired.</p> Signup and view all the answers

    The case of R v Barnsley MBC, ex parte Hook involved the quashing of a decision to remove a market trading license because the individual had urinated in a public place.

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

    What is the primary principle that makes decisions contradicting the rule of law unreasonable?

    <p>Arbitrary decision-making</p> Signup and view all the answers

    In the case of R v Secretary of State for the Home Department, ex parte McCartney, the Home Secretary's decision was deemed 'Wednesbury unreasonable' because it was ______.

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

    What principle was challenged in the case of Percy v Hall concerning military byelaws?

    <p>Uncertainty of legislation</p> Signup and view all the answers

    When assessing the reasonableness of a decision, only the technical basis of the decision should be considered.

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

    The intensity of review is a practical manifestation of the theory of ______ in judicial review.

    <p>separation of powers</p> Signup and view all the answers

    Match the intensity of review with its corresponding area of decision-making:

    <p>Higher intensity of review = Decisions affecting fundamental/human rights Lower intensity of review = Decisions concerning broader policy questions</p> Signup and view all the answers

    What is the rationale behind the courts' approach to intensity of review?

    <p>The courts balance constitutional entitlement, where they respect elected officials on policy matters, with institutional competence, where they have a strong duty to protect fundamental rights.</p> Signup and view all the answers

    What is the traditional Wednesbury standard of review?

    <p>A decision on a component matter is reviewed only if it is so unreasonable that no reasonable authority could have come to it.</p> Signup and view all the answers

    The original Wednesbury standard has remained unchanged and is consistently applied in all judicial review cases.

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

    The courts show a higher degree of ______ towards decision-makers regarding broad social and economic policy questions.

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

    Explain how the intensity of review relates to the principle of separation of powers.

    <p>Intensity of review reflects the balance between the judiciary's role in protecting rights and the executive branch's authority to make policy decisions. It acknowledges that the courts are not the ultimate decision-makers, but they have a crucial role in ensuring fairness and upholding fundamental rights.</p> Signup and view all the answers

    Which of the following is NOT a reason why the courts might apply a higher intensity of review to decisions affecting fundamental rights?

    <p>Judges are more experienced in evaluating complex policy matters.</p> Signup and view all the answers

    The courts are likely to intervene in decisions concerning broad social and economic policy matters as actively as they do in decisions affecting fundamental rights.

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

    The courts are particularly ______ to intervene in decisions that involve national defense, security, and allocation of public resources.

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

    Study Notes

    Illegality

    • Administrative law principle: Public bodies cannot exceed their powers (ultra vires).
    • Illegality review ensures executive power stays within statutory limits.
    • Lord Diplock's definition of illegality: Decision-makers must understand and apply relevant law correctly.
    • Broad concept of illegality extends beyond mere existence of power to include consideration of material factors.

    Categories of Illegality

    • (1) Simple Illegality (Ultra Vires):

      • Ultra vires broadly refers to any decision tainted with illegality. Historically, it specifically meant acting outside legally granted powers.
      • Examples: Police arresting without authority, Secretary of State for Health creating military regulations—both actions are beyond their legal power.
      • Fulham Corporation case: Local authority lacked power to establish a paid laundry service within their washhouse power.
      • Incidental actions are permissible within given powers: Building a subway for lavatories, part of a larger power.

    • (2) Errors of Law:

      • Natural extension of ultra vires, involving misinterpretations of legal provisions.
      • Previously, error of law was limited to jurisdictional issues.
      • Anisminic case overruled previous limitations.
      • Exceptions:
        • Error of law isn’t decisive to the outcome.
        • Courts defer to special rule-making bodies (e.g., universities)
        • Decisions by lower courts, specifically declared final by Parliament, are generally non-reviewable by courts, including the High Court.
        • Imprecise statutory language allowing multiple interpretations,
        • Decision-maker's conclusion isn't considered irrational in unclear situations (overlap exists with the ground of unreasonableness).
        • Important recent case: Forge Care Homes case – Health Board misinterpreted statute, resulting in an error of law necessitating quashing of the decision.

    • (3) Errors of Fact:

      • Historically, courts were reluctant to review factual errors.
      • Now, three types of factual errors are reviewable:
        • Jurisdictional facts (preliminary factual findings determine the decision-maker's power). Ex: White and Collins case, land purchase example shows a mistaken jurisdictional fact.
        • No evidence for a fact; Coleen Properties case.
        • Mistake of an established fact (Secretary of State for Education v Tameside MBC. A flawed understanding of significant data, especially on educational support or advice.
        • Case of E v SSHD: Clarified that a mistake of fact giving rise to unfairness qualifies for review.
        • Specific test for mistake of fact.

    • (4) Relevant and Irrelevant Considerations:

      • Decision-makers must take into account mandatory factors.

      • Decision-makers can't consider prohibited factors.

      • Discretionary factors are permissible with regard to other factors.

      • Venables and Thompson: Case where the Home Secretary considered irrelevant/emotive factors in sentencing.

    • (5) Improper Purpose:

      • Powers should be used for the intended legislative purpose.
      • Padfield v Minister of Agriculture: Minister refused to refer a complaint for investigation due to potential embarrassment. This was held as Improper Purpose.

    • (6) Fettering of Discretion:

      • Preventing proper exercise of discretionary power (e.g., rigid policies ignoring individual cases).
      • Fire Brigades Union: Home Secretary prohibited exercising discretion to enact a statutory compensation scheme.
      • British Oxygen and Collymore are examples.

    • (7) Unlawful Delegation of Discretion:

      • Public bodies can't typically delegate decision-making powers.
      • Carltona principle: Allows delegation of ministerial functions, although the minister's accountability to Parliament prevails. Examples in R (Chief Constable of West Midlands Police) v Birmingham Justices, DPP v Haw.
      • Exceptions exist: Explicit statutory allowance or Carltona principle.
      • Oladehinde: Immigration Inspectors could make deportation decisions following Carltona principle.

    Unreasonableness

    • Broad concept; Lord Wrenbury stated the basis of unreasonableness.

      • More involved than illegality.

    • Wednesbury Unreasonableness:

      • Associated Provincial Picture Houses Ltd v Wednesbury Corporation: The introduction of this doctrine followed this case, where a local authority imposed a condition that no children under 15 could be admitted to a Sunday movie theatre.
      • Wednesbury Test: Decision is so unreasonable that no reasonable authority could reach it.

    • Reformulations:

      • Lord Diplock favored "irrationality"

    • Classes of Unreasonableness:

      • Material defects in decision-making process (wrongly weighing factors, insufficient reasoning).
      • Oppressive decisions (excessive hardship, punishment).
      • Decisions violating constitutional principles (inconsistent rulemaking).

    Intensity of Review

    • Scrutiny intensity varies based on decision significance.
    • Fundamental rights vs. broader policy decisions.
    • High end, concerning fundamental/human rights: more scrutiny.
    • Low end, concerning policy questions: less scrutiny.
    • Wednesbury standard remains high.

    Proportionality

    • Use of proportionality standard increases in cases involving human rights.
    • Proportionality test: Balancing means and limitations to achieve legitimate aims.
    • Not a fully integrated ground of review in all instances, versus Wednesbury unreasonableness.

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    This quiz explores the concepts of 'ultra vires' and illegality in the context of public law. It examines key requirements for decision-makers and the principles surrounding judicial review. Test your knowledge on landmark cases and the implications of legality in decision-making.

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