Procedural Fairness Flashcards
International Fishing Vessels v Minister for the Marine (No.2) [1991]
Neither natural nor constitutional justice requires perfect or the best possible justice - it requires reasonable fairness in all the circumstances
Nemo Iudex in Causa Sua
no one is a judge in their own case
Audi Alteram Partem
listen to the other side
Dellway Investments Ltd v NAMA [2011]
anyone whose rights might be affected has certain entitlements, one of those being to make certain representations before a decision is made
Re Haughey [1971]
Not finished
European Convention on Human Rights Article 6 (1)
“Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law”
Lovejoy v AG 2008
Article 6.1 does not mean that a judicial-style tribunal must always be provided
Lord Diplock’s Classification of JR
“Illegality, irrationality and procedural improperly”
R v Barnes plc 2003
Decisions involving substantial considerations of policy and public interest need not be taken by a judicial style proceeding
Begum v Tower Hamlets LBC 2003
It was not necessary for reviewing officer to be an independent tribunal because the questions were of broader considerations concerning local conditions and fact that involved specialist knowledge and experience.
Equality of Arms Doctrine
The individual and the official side should each be allowed the same opportunity to make their case
JF v DPP
Experts called on behalf of the respondent do not have a presumptive superior status
Farrell v South Eastern Health
Applicant is entitled to a reasonable opportunity to express his or her views. You cannot stifle or attempt to stifle them.
