Natural Justice and JR Remedies Flashcards
Facets of Natural Justice
Right to a fair hearing
No bias
What falls under the right to be given a fair hearing?
Right to be informed Reasonable time to prepare Right to be heard Right to cross-examine Right to give reasons (?) Right of Appeal
Right to be informed
“if the right to be heard is to be a real right which is worth anything, it must carry with it a right in the accused man to know the case which is made against him”
Kanda v Government of Malaya
Time to prepare
Refusal of an adjournment amounts to a breach natural justice
R v Thames Justice (Polemis)
Right to be heard
Not always guaranteed.
“Does not mean that whenever there is a conflict an oral hearing must be held to resolve it”
R v Army Board of Defence
Right to cross-examine
“Part of the duty, in affording a fair trial to the petitioner, is that he should be given a right to cross examine”
Errington v Wilson
Right to give reasons
Integral in facilitating appeal.
“If the reasons given are improper, they will reveal some flaw in the decision-making process”
Save Britains Heritage v Number 1 Poultry Road
Judicial Review remedies
Quashing Order Prohibiting Order Mandatory Order Injunction Declaration
Quashing Order
Overturns the original decision.
Prohibiting order
Prevents decision-maker from making a decision which may later be subject to JR
Mandatory Order
Compels decision-maker to act in a certain way.
Injunction
Used to prevent a minister or administrative body from acting unlawfully.
