Judicial review Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Which type of legislation is JR available for?

A

Only secondary (not primary)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the 3 grounds for JR?

A
  • illegality
  • irrationality
  • procedural impropriety
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the Carltona principle?

A

Ministers can delegate to civil servants in their departments

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

When can the Local Authority delegate?

A

It can delegate to committees or officers if it makes a formal resolution to do so

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the material purpose test under the illegality ground?

A

The decision is ultra vires if the body was pursuing an unauthorised purpose which materially influenced the decision

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

When are errors of fact reviewable under the illegality ground?

A

If they’re jurisdictional (if the error goes to the root of the body’s ability to act)
Otherwise, errors of fact aren’t reviewable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the Wednesbury test (irrationality)?

A

The conclusion was so unreasonable that no reasonable authority could ever have come to it
(so outrageous in its defiance of logic or accepted moral standards that no sensible person could’ve arrived at it)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are the 2 types of procedural requirements?

A
  • those in statute- procedurally ultra viers
  • natural justice- procedural fairness
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are the 2 rules of natural justice?

A
  • rule against bias
  • right to a fair hearing
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the test for whether there was indirect bias, so the decision should be quashed (under natural justice)?

A

Would a fair-minded and impartial observer conclude there had been a real possibility of bias?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are the 3 types of proceedings for the purposes of the right to a fair hearing?

A
  • forfeiture cases
  • legitimate expectation cases
  • application cases
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the only requirement for a fair hearing in an application case?

A

Case is heard honestly and without bias

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are the exceptions to there being no general right to get reasons for the outcome of a decision?

A
  • if the decision on its own looks aberrant
  • if the subject matter is especially important (eg. liberty)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

How is it determined whether the breach of a statutory procedural requirement makes a decision invalid?

A

It depends on if the requirement was mandatory or directory
The main Q is whether Parliament intended that failure to comply would make the decision unlawful

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

2 tests for what is a public body

A

Source of power test (if gets power from statute/prerogative power, it’s a public body)
Nature of power test (if exercises public law functions, it’s a public body)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Who has standing to bring a JR claim?

A

Person with “sufficient interest in the matter”

17
Q

Which court it a JR claim made to?

A

Administrative Court (specialised court in High Court)

18
Q

When must a JR claim be made (time limit)?

A

“promptly” (max. 3 months after the ground for the claim arises)

19
Q

Can the court extend the JR time limit to bring a claim?

A

Yes- if there’s a good reason

20
Q

Are ouster clauses ousting JR upheld?

A

General ouster clauses generally aren’t, but partial ones may be (eg. shorten time limit for bringing a claim)

21
Q

What must a C in a JR claim do before bringing proceedings?

A

Send a letter before claim to the decision-maker, giving him 14 days to reconsider the decision
(if C not satisfied, can bring proceedings)

22
Q

When will permission to bring a JR claim likely NOT be granted? (3 situations)

A

If the conduct complained of is highly unlikely to have resulted in a substantially different outcome for C

C lacks standing

C is delayed without good reason

23
Q

What are the public law remedies in JR (and what are they called)?

A

Prerogative orders:
- quashing order
- prohibiting order
- mandatory order

24
Q

What are the private law remedies in JR (and what are they called)?

A

Non-prerogative orders:
- declaration (confirming the existing position)
- injunction
- damages

25
Q

When can damages be awarded in a JR claim?

A

If C has a private law cause of action, or a claim for an ECHR breach
(there’s no right to damages for maladministration!)