procedural impropriety Flashcards
what is procedural impropriety
if a decision or action made by a PA is made without certain proceudres being followed, this is unlawful
what are the 2 ways
1) failing to comply with any procedural requirement set in legislation
2) failing to act ‘fairly’ in accourandce with rules of natural justice
what is failing to comply with statutory procedure and case
when an act gives a PA power, it also imposes requirement as to how decisions should be made, not following the procedures in unlawful
- Bradbury v Enfield London Borough council
what are the ‘rules of natural justice’ and case
common law gives at a minimum the standzard of natural justice if a statute doesn’t give procedures. PA must adhere to this
1) right to be heard
2) rule agaisnt bias
- Osborn and others
the right to be heardand case
entitled to a fair hearing, fair
- ridge v baldwin
bias? and case
the decision maker must have no personal or financial interest in the case.
- Pinochet
- porter v magil 2002
test for bias and case
that there was a real possibility or a danger that the judge would be bias
- porter v magil 2002
what is legitimate expectations
where an individual has a ‘legitimate’ expectation’ that a PA will act in a certain way the courts will find it to be procedurally improper
PA’s may limit what they may do in the future by creating promises, practices, policy which will rise
what are the 2 main types of legitimate expectation
1) procedural expectations
2) substantive expectations
what is procedural expectations
legitimate expectation they will be treated or procedure is followed in a certain way
what is substansive expectations and case
expectation a certain outcome will occur in the future.
coughlan
how can an indiviudal show legitimate expectations
as long as the PA made a ‘clear’ and ‘unambiguous’ statement or conduct
