Intro To Admin Law

Question 1

What is admin law?

Answer 1

Admin law governs executive powers, including public authorities and bodies exercising public function ensuring they abide the rule of law.

Question 2

What is Judicial Review

Answer 2

An admin court procedure that assesses the lawfulness of the decisions, legislations and provided remedies when needed

Question 3

What are the 3 theories?

Answer 3

1) Red Light = favours Judicial Review, the function of the state to control the state power and subject to JD
2) Amber light= balance the interest o state and the citizens
3) Green light= respects the separation of power and allows others to help make a decision.

Question 4

What is the purpose of Admin Law?

Answer 4

Corrects interpretation of Acts Of Parliament, lawful exercise of discretion, fairness and preserve rights

Question 5

Characteristics of Judicial Review?

Answer 5

Is a supervisory jurisdiction therefore it is a REVIEW, not an appeal !!!!
It looks at the decision-making process, not concerned with merits of the decision under review.

Question 6

What did Lord Bingham from Lord Bingham R (Corner House) v Director of Serious Fraud Office state?

Answer 6

Issue isn’t where decision is right or wrong, but whether it was decision [director] lawfully entitled to make

Question 7

What did Lord Diplock summarise Judicial Review grounds as?

Answer 7

illegality, irrationality, procedural impropriety + proportionality’.

Question 8

Bringing a case to Judicial Review

Question 9

Explain Secondary Legislation ..

Answer 9

Judicial Review has to challenge secondary legislation, not primary legislation or Act Of Parliament. Parliament can make whatever law they want and can’t be challenged in court.

Question 10

What are the requirements that need to be met ?

Answer 10

Secondary legislation, public body, locus standi and within time limit

Question 11

Explain Public Body…

Answer 11

Action must be brought against body exercising public function: uses statutory or prerogative powers and can include bodies which don’t enjoy statutory powers

Question 12

Cases on Public Body …

Answer 12

1) R v Panel on Takeovers and Mergers ex p Datafin = didn’t exercise statutory or prerogative powers, but it was held to be a body exercising a public function.
2) R (Beer) v Hampshire = private company regulated access to public land (car park) was public function.
3) R v Jockey Club ex p Aga Khan = Where contracts involved, it’s private body JR can’t be exercised

Question 13

Explain Locus Stand…

Answer 13

Sufficient interest needs to be shown for a claim for JR, if you’re directly affected by a decision challenged, then there’s standing.

Question 14

Explain Time Limit…

Answer 14

Civil Procedure rules, within 3 months of decision being made.

Question 15

Explain Ouster clauses…

Answer 15

As Parliament is sovereign it can exclude Judicial Review by ‘ouster clauses’ decision taken under this part of statute can’t be questioned in court of law - Anisminic Ltd v Foreign Compensation

Question 16

Prerogative Remedies …

Answer 16

• prohibiting order – prevents the public body from acting illegally, prevents future illegal conduct
• Mandatory order – demands public authority act in a particular way.

Question 17

Private law remedies:

Answer 17

Declaration; declares rights, injunction; stops public body from doing something, damages, small amounts/nominal.