Admin - JR theories

Question 1

red light theory

Answer 1

• JR should only be applied as a ‘red light’ to prevent a clear abuse of executive power
• when a court invalidates decisions made by the elected local authorities, other than to protect its citizens, it is undemocratic

Question 2

green light theory

Answer 2

• JR should act to enable and facilitate legitimate government action in the public interest
• Admin law facilitates government action by laying out an acceptable route they can take

Question 3

amber light theory

Answer 3

• Admin law should encompass both the enabling and preventatory functions discussed in green/red light theories
• JR functions to both right wrongs and maintain high standards of public administration and good practice

Question 4

ultra vires theory (incl. academic commentary)

Answer 4

• Legal powers are derived from Parliament (legislation)
• The role of the courts is to give effect to parliamentary intention
• Courts intervene when a DM has acted beyond their legal powers (ultra vires)
• Forsyth - ‘what an all powerful Parliament does not prohibit, it must authorise either expressly or impliedly’

Question 5

modified ultra vires theory

Answer 5

• An attempt to reconcile ultra-vires theory with parliamentary sovereignty
• Common law principles are implied into Parliament’s intent
• Parliament intended that public bodies act fairly and rationally when using their powers
• Courts uphold Parliament’s ‘general’ rather than ‘specific’ intent

Question 6

common law theory

Answer 6

• JR principles are common law creations
• They are created by courts and supplemented by Parliament
• Courts develop principles of ‘good administration’