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AAAAAA PUBLIC LAW B > PUBLIC LAW B > Flashcards

PUBLIC LAW B Flashcards

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1
Q

Judicial Review

A
  • it is only within the HC: the process is resevered for this and the senior judges.
  • it is supervising the actions of governmental bodies
  • supervisory process
  • have cont. to expand the range of bodies who are subject to JR
  • extending it into the public sector and corporate activities
  • enforcing/applying principles of public law
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2
Q

Public law contemporary principles

A
  1. principles developed by the domestic courts in JR proceedings: the grounds of JR e.g. natural justice, ultra virus
  2. EU rights, JR review to enforce EU rights e.g. Factortame
  3. Convention Rights: JR can be used to enforce these.
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3
Q

IMPORTANCE OF JR

A
  1. quantity: no. of cases & growing
  2. quality: the nature and significance of JR decisions
    - due to the issue of legal precedent, all JR cases begin w/HC
    - one JR decision within the HC can have ENORMOUS implications.
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4
Q

Barrow V Leicester

A
  • ppl refusing to pay MT new poll tax
  • enforce mechanisms allowed LC to bring proceedings into local magistrate courts to summon indis that hadn’t paid PT
  • Barrow refused to pay, council brought a claim against him but he couldnt afford a lawyer
  • thus he turned to a legal campaigning group who were helping those subject to unfair PT proceedings.
  • Magistrates refused for Barrow to be allowed campaign to help him
  • then a barrister helped Barrow bring JR claim about not being allowed help

HELD:

  • HC upheld Barrow right to be supported within the PT claim proceedings against him
  • magistrates cannot ban lay people from helping w/proceedings.
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5
Q

impact of Barrow

A

due to legal precedent, this applied to all of the other 10k people who were involved within the PT proceedings and could thus be helped by lay people.

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6
Q

CONSTITUTIONAL IMPORTANCE: MILLER

A
  • only one case, but held up all of the governmental decisions regarding Brexit
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7
Q

issue of national importance

A

Harrow V Sec state for defence:
- defence in the London olympics
- british gov concerned w/threats: needed to ensure approriate security as concerns about terrorist threats from air
- air force brought in by the gov on how to protect the air
- air exclusion zone: banning all aircraft from flying over stadium
- although could be a threat from lower level air protection and the defence came up w/the idea of ground air missiles around sites that could shoot anything coming in from the air
- defence to shoot down any target
- block of flats overlooking the olympic park : good place to put missile facility on the roof
- residents brought JR action against defence sec saying it was against their convention rights
- under A8,2 exception of this right under an interest of national security
- Royal Air Force gave evidence w/in the courts that this would be the best way to protect the olympics.
-

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8
Q

JR contrasted with an appeal

A
  1. appellate rights are statutory
  2. substance of appeals
  3. outcome
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9
Q

appellate rights are statutory:

A
  • all rights to appeal on gov decisions are based on statutory: ONLY if statutory provisions allow a rise to appeal
  • e.g. planning permission, if LEA refuse application, town and country planning act allow ability to appeal the refusal to private inspector due to statutory provisions.
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10
Q

substance of appeals

A
  • difference between proccesses
  • in appeals, arguing as what is known as the merits of the appeal/decision
  • substance of the decision
  • merits of the decision are on planning matters e.g. height of house/colour of bricks

WHAT ARE YOU ACTUALLY DOING AND THE AFFECT IT WILL HAVE

  • in JR arguing those principles of public law e.g. Harrow A8 the right in their home, convention right issue
  • concerned w/constiutional principles
  • and appeals is regarding merits
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11
Q

outcome

A
  • outcome of appeal: appealant body grants you what you were asking for e.g. planning permission
  • in JR: JR doesn’t make the decision, HR quashes the unfair decision and sends it back to gov
  • judges are NOT deciding the final outcome: deciding whether it is lawful
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12
Q

JR compared w/a private law action

A

difference too contract/tort

  • procedurally different:
    very special and elaborate judicial review procedure before the HC is enterely special and different for JR and from PLA

remedies:
- PLA to insert tort/contract rights is normally DAMAGES
- suing tohers to agin financial compensation

  • JR: special JR remedies e.g. quashing/mandatory orders.
  • possible to grant damages in JR actions: unlikely that you would in practice: courts wouldn’t awarded damages w/in JR
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AAAAAA PUBLIC LAW B (3 decks)

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