Administrative Law Flashcards
Human Rights Act 1998
‘it is unlawful for a public authority to act in a way which is incompatible with a convention right’ (UKSC re. Rwanda)
Who is bound by administrative law
A public authoirty - s.6(3) HRA 1998
What does a public authority include
A court or tribunal or any person certain of whose functiosn are functions of a pbulic nature, but does not include either Hosue of parliament or aperson exercising functions in connection with proceedings in parliament
Is it possbile to use admin law to review and challenge decisions made by private bodies
Yes - R v Panel on Take-Overs and mergers, ex part datafin
Functional appraoch of Admin law
Does the private body function in the public sector
2 justifications of treating a private body like a public body
If the body did not exist, would the governemnt have to step in and create something to replace it
‘If the rights of citizens are indircctly affected by its decisions’ - R v Panel on Take-Overs and Mergers
Case for absence of a public function
R v Chief Rabbi of the United ebrew Congregation
No evidence that the government would have to assume control
R v Disciplinary committee of the jockey club
Enforcement of Administrative law
Self enforcement
Polticial scrutiny
Tribunals
High corut: Judicial reveiw
Ombudsmen
Self Enforcement
Bureaucratic justice (macaw, 1985)
Internal complaints procedures, HR departments
Procedure to challenege mistakes, delays, treatment and lack of information but not law or policy decisions
Political scrutiny
Ministerial Accountability
Inquiries
Elections
Ombudsman
Investigate individual and health service ombudsman
Investiagte complaints based on allegations of injusutice as a resultof ‘maladministration by central govenrment
Investiage complaitns by individuals
Statuatory basis: Parliamentary comissioner Act 1967
Not legally binding, but efficient and cheap and gets results
