Public authorities essay (backup) Flashcards
1
Q
Introduction
A
- unlawful for public bodies to act in contradiction with convention rights
- public authority definition
- introduced new ground of JR
2
Q
Authority for contradiction
A
s.6(1) HRA 1998
3
Q
Authority for definition
A
s.6(3) HRA 1998
1) courts and tribunals
2) any body with a public function
4
Q
Which authorities can be challenged
A
- Parliament is exempt
- Core public bodies
- Hybrid public bodies
- What is public?
- Private can’t, courts can
5
Q
Core public bodies
A
- those which are completely public
- not defined in statute, self-evident (as per Case 1)
- all of their actions are open to JR
6
Q
Case 1
A
Quark Fishing Ltd
7
Q
Hybrid public bodies
A
- private but provide some public services
- only public services can be reviewed
- Case 2
8
Q
Case 2
A
YL v Birmingham City Council
Care home provided both public and private care. In specific case, private, so couldn’t be judicially reviewed
9
Q
Public test
A
As per Case 3
- public funding?
- exercises statutory power?
- governance role?
- provides a public service?
10
Q
Case 3
A
Ashton Cantlow
11
Q
Who can challenge
A
- victim of public bodies unlawful behaviour
- no further statutory definition
- can be direct or indirect (case 4)
- court employs wide interpretation
12
Q
Authority for victim
A
s.7(3) HRA 1998 + article 34 ECHR
13
Q
Case 3
A
Kurt v Turkey
14
Q
How to challenge
A
- go through courts or tribunals without convention claim
- rely on convention breach
15
Q
Exceptions
A
- where only option was to follow incompatible primary legislation
- incompatible primary legislation gave power to act
