Fairness Flashcards
what is Re Reilly’s Application also known as?
R (Osborn) v Parole Board [2013]
what does this case say?
one of the virtues of procedurally fair decision making is that it is liable to result in better decisions, by ensuring that the decision-maker receives all relevant information and that it is properly tested.
what is the purpose of a fair hearing?
‘not merely to improve the chances of the tribunal reaching the right decision. also avoidance of injustice and the rule of law. to promote congruence between the decision-makers and the law.’
what are the natural justice principles?
Nemo Iudex in causa sua
audi alterem partem
duty to give reasons
what does Nemo Index In Causa Sua mean?
‘No one can be their own judge’
what does audi alteram partem mean?
‘the right to a fair hearing’
what is a requirement for public decision makers in general?
Fairness.
what cases are relevant for fairness?
R v Baldwin [1964]
R (Campbell College) v Dept of Education [1962]
what does Lord Hewart in R v Sussex Justices [1924] say?
‘justice should not only be done, but should manifestly and undoubtedly be seen to be done.’
What is a hugely Relevant case for Bias?
Re O’Conor & Broderick [2005]
what does the O’Conor case say?
that the public must have faith in the system. there needs to be a public confidence in the administration of justice.
what is Actual Bias?
a person is motivated by a desire to favour one side or disfavour the other.
what case is there for actual bias?
R v Gough [1993]
what is Presumed Bias?
either A) Direct pecuniary interest
R v Rawd [1866]
B) direct non-pecuniary interest
R v Bow Street Metropolitan stipending magistrates [200]
what is Apparent Bias?
where a judge or other decision-maker is not a party to a matter and does not have an interest in its outcome, but through his or her conduct or behaviour gives rise to a suspicion that he or she is not impartial.
what is the Duty to Give Reasons?
a public body has a duty to give reasons for a decision made
what cases are relevant for the Duty to Give reasons?
Doody v Secretary of State for the Home Department [1994]
R v University Funding Council [1994]
what does Lord Mustily say in the Doody Case?
i can see no ground at all why the duty to give reasons should be against the public interest. i think it important that there should be an effective means of detecting the type of error which would entitle the court to intervene.’
what did Justice Sedley say in R v University Funding Council
there are classes of cases where there is a duty to give reasons: cases of personal liberty, wednesbury unreasonableness.
