judical review 2

Question 1

2 questions

Answer 1

1. what kinds of bodies are subject to JR?
2. what type of act/decision can be challenges via JR?

Question 2

2. what kind of acts are reviewable?

Answer 2

LA and govt departments- carrying out public functions
(not everything that a LA does is public such as contractual issues)
-exercising a power from state authorities?

-private bodies not part of the state may perform public functions on behalf of the executive
R v Panel on take-overs and mergers 1987- interprets public function to determine whether reules not created by the state are subject to JR
1. source of bodys powers (statute=public, private contract= difficult here private law purpose)
2. nature of powers (contract here)
3. but for test (if this function so important for society that wihtout the private body the gov would have created a public law body to do it?) yes then public function exercised

Question 3

case where function not so important so not public function

Answer 3

R v chief rabbi of the united hebrew congregation of GB 1993- without a jewish election for chief rabbi, the courts would have not elected one anyway so not public matter

R v Football association 1991- without the football association the gov would not have created a regulator for football so not public function

Question 4

public functions and the human rights act 1998

Answer 4

sc 6 HRA 1998- 6(1) it is unlawful fot the PA to act in a way taht is incompatible with the cinvention of rights
6(3) public authority includes-
a. a court/tribunal
b. any person whos functions are of a public nature

Costello-roberts v Uk 1993- education is a duty of the state to provide despite being a private school, was a public function