legal accountability Flashcards
what are the forms of legal accountability?
judicial review
tribunals
ombudsman
public enquiries
what is judicial review?
the process through which decisions or actions of public authorities can be challenged in court
what are tribunals?
bodies created by statute that decide and hear appeals against decisions made by the government or determine disputes between private parties
how do tribunals hear cases?
allowing parties to a dispute to submit written arguments and/or oral hearings, before then making a decision that is binding in law on both parties
what are the benefits of tribunals?
cost - much less expensive than ordinary court proceedings
access - sit around the UK
expertise - specialise in particular areas of law, and so have greater expertise in their areas when compared to the courts
speed - focus on specific issues so can move faster than the courts
what can tribunals do when they deem a decision of a public body to be unlawful?
overturn it and impose their own binding decision
what is an ombudman?
complaints man
consider complaints on maladministration
an independent person who will investigate complaints made by members of the public against public bodies through a non-legal inquisitorial process
after investigating a complaint they can recommend a remedy
when can the ombudsman not investigate a complaint?
when it has not been made to an MP
once the investigation is concluded what does the ombudsman do?
compiles a report and sends it to the MP to whom the complaint was originally submitted and to the public authority who the complaint was made against . the findings and recommendations are not legally binding
what is the aim of public enquiries?
compiling a report that makes recommendations for the government to consider
what are the two main types of public enquiries?
inquiries held as part of the process of making a decision
inquiries held to investigate some major political scandal or matter that has become an issue of public concern
what happens at the end of enquiries?
produce a report which may or may not be made public
reports are not legally binding
