Scope of JR

Question 1

GCHQ

Answer 1

since prerogative power is no longer wielded by the sovereign JR can apply as per usual to exercise of delegated prerogative powers provided the issue is justiciable

Question 2

Bancoult

Answer 2

confirmed that JR applies to both delegated and direct exercises of prerogative power

Question 3

Abbasi

Answer 3

Courts are unwilling to intervene in issues of foreign policy

Question 4

Chandler v DPP

Answer 4

Courts are unwilling to intervene in issues of national defence forces

Question 5

ex p Datafin Plc

Answer 5

the High Court has supervisory jurisdiction over any body with a public function that is governmental in nature

Question 6

ex p Datafin Plc TEST

Answer 6

1. Performing public law duties/functions
2. Supported by public law sanctions
3. Under a duty to act judicially, whose power was not simply by consent of those over whom it was exercised

Question 7

Hooper

Answer 7

Courts will review all justiciable decisions pertaining to governmental functions taken under identifiable legal powers

Question 8

Aga Khan (2 precedents)

Answer 8

• If a function is truly public, the govt must feel obliged to step in if D were to cease performance of his functions
• If there is a contract between C and D this mitigates against JR because public law remedies should not interfere with private contracts

Question 9

Anisminic

Answer 9

If legislative ambiguity permits it, the courts will interpret ouster clauses in a way that preserves the possibility of JR.

Question 10

Padfield

Answer 10

Even where a statute apparently confers an unfettered discretion, the decision-maker still has a duty to act to promote the policy and objects of the statute.

Question 11

Anisminic

Answer 11

As clarified in O’Reilly v Mackman, Anisminic decided that where a tribunal whose jurisdiction was limited by legislation made an error of law, the question it asked itself was not one into which it was empowered to inquire and consequently its “determination”was not a determination within the meaning of the empowering statute and was a nullity.

Question 12

ex p Page

Answer 12

The courts have no power to declare unlawful errors of fact or law committed by a visitor within the jurisdiction of his own peculiar, domestic law of which he is sole arbiter. The courts may only intervene where he exceeds his own jurisdiction, abuses his powers or acts contrary to principles of natural justice.