Institutional Independence

Question 1

Ali v Birmingham CC (precedent and conclusion?)

Answer 1

Precedent - a civil right engaging Art.6(1) will only arise where there is an individual right of which C can consider himself the holder and NOT where the conferral of the benefit depends on a series of evaluative judgments

Conclusion - a civil right is less likely to arise where the statutory criteria is less objective and requires exercise of greater discretionary judgment

Question 2

What is the general approach to defining “independence?”

Answer 2

Fact finding functions require a higher standard of independence (Bryan v UK) and policymaking functions a diluted standard (Alconbury)

Question 3

Anderson

Answer 3

Illustrates the effect of the HRA on judicial review - it is only relatively recently that UK courts have had to concern themselves with the requirement of independent tribunals (in accordance with Art.6(1).

If a decision making arrangement laid out in primary legislation is not sufficiently independent a declaration may be issued.