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Public Law > Judicial Review I - Theory > Flashcards

Judicial Review I - Theory Flashcards

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1
Q

Aston Cantlow & Wilmcote 2003

A

PUBLIC BODIES

Source of public body’s power - statute/ prerogative

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2
Q

Council of Civil Service union 1985

A

PUBLIC BODIES

‘decision maker must be empowered by public law’

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3
Q

Datafin

A

PUBLIC BODIES
Cannot identify source
Can JR - importance and impact of function

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4
Q

Fleet Street Casuals 1982

A

STANDING

Tax amnesty - NO S - no interest in another’s tax

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5
Q

Rose Theatre Group 1990

A

STANDING

Assoc - No S - no greater claim than everybody else

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6
Q

Greenpeace No 2 1994

A

STANDING

Experience and Influence + nobody would

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7
Q

World Development Movement 1995

A

STANDING
Pergau Dam
S- broader Public Interest + Importance

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8
Q

Wheeler 2008

A

STANDING

Lisbon T - political

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9
Q

Walton v Scottish Minister 2012

A

STANDING
Motorway - EU Law
ROL - cannot deny S because everybody affected

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10
Q

Entick v Carrington 1765

A

RIGHTS REVIEW

Trespass

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11
Q

Liversidge v Anderson 1942

A

RIGHTS REVIEW
Detain - reasonable belief
Could not JR - political

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12
Q

Ridge v Baldwin 1964

A

RIGHTS REVIEW
Dismissed - allegations + respond
Natural Justice

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13
Q

Padfield 1968

A

RIGHTS REVIEW
Avoid Political Embarrassment
Not unfettered discretion - Act’s object

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14
Q

Anisminic 1969

A

RIGHTS REVIEW
Ouster Clause
JR cannot be ousted without clearest of words

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15
Q

Bugdacay 1987

A

RIGHTS REVIEW

Asylum - anxious scrutiny

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16
Q

Leech

A

Communication with solicitor - constitutional right

Pressing right not met

17
Q

Civil Procedure Rules P54

A

Initial Permission to Proceed

18
Q

Senior Courts Act 1981

A

s31 - standing = sufficient interest

19
Q

Laws

A

SOURCE OF AUTHORITY

Judicial Creation - Fig Leaf

20
Q

Forsyth

A

SOURCE OF AUTHORITY
Ultra Vires - SoP
Fig Leaves do not deceive

21
Q

Steyn

A

SOURCE OF AUTHORITY

‘SC may have to consider whether this is a constitutional fundamental which even a sovereign P … cannot abolish’

22
Q

Elliott

A

SOURCE OF AUTHORITY

Middle Way - Pluralism

23
Q

CRAIG

A

Traditional UV - specific intent
Modified UV - general intent (basic fairness)
Common Law - judge made [Craig]

24
Q

Griffiths

A

DEVELOPMENT

‘politics by another mean’

25
Q

Dicey

A

DEVELOPMENT

Incompatible - arbitrary government and RoL - droit admin

26
Q

Harlow and Rawlings

A

DEVELOPMENT

Green, Red Light

27
Q

Jowell

A

DEVELOPMENT

Recognise individual democratic rights

28
Q

King

A

DEVELOPMENT

Judicial supremacism - war with ministers

Public Law (12 decks)

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