grounds for JR (procedural impropriety) Flashcards
what are the two main ways a public authority can act in a procedurally improper way?
- failing to comply with any procedural requirements set out in a piece of legislation
- failing to act fairly
when will the courts find a decision unlawful ?
if the procedure was mandatory rather than directory
what happens when statute does not prescribe any specific procedures?
the common law may provide some minimum standards of natural justice that public authorities should adhere to
- the right to be heard
- the rule against bias
what is the right to be heard?
an individual affected by a public authority decision is entitled to a fair hearing in order for them to learn more about how the decision will affect them
what factors may indicate an individual has not had a fair hearing?
- no advance notice of the case to be met has been given
- no time has been given for preparation
- no opportunity given for the making of representations
- not allowing the cross examination of persons who have made adverse statements to the decision maker
- now allowing legal representation
- failing to give reasons for the decision
what is the rule against bias?
holds that a decision maker should not have any personal interest in the outcome of the decision they are making
what is a legitimate expectation?
where an individual has a legitimate expectation that a public authority will act in a certain way, the courts may find it will be procedurally improper for that public authority to act in a way that is not in accordance with the individual’s expectations
what are the two types of legitimate expectations?
procedural expectations
substantive expectations
what are procedural expectations?
where an individual may have a legitimate expectation that they will be treated in a certain way, or that a certain procedure will be followed
what is a substantive expectation?
where an individual may have an expectation that a certain outcome will occur in the future
