Plan for constitutional and admin. Exam:
Primary function of judicial review (common law) is to protect indiv. from abuses of state
power
Public body here=not-for-profit company ‘Association of Will Writers’
Power to take decision (the power/authority here comes from common law contracting)
Individual dispute=public body penalising individual and indiv. disputes correctness of
decision. They accept the rules, but dispute it’s been applied correctly.
Does public body have power (vires) to take decision; if they don’t, decision is unlawful (ultra
vires)
Have public body followed correct procedure when taking decision?-No fair hearing?
Reasons? Bias?
1) Illegality: does public body have power to take decision? Whether a lawful power exists?
According to Diplock, under illegality ground for judicial review, ‘decision maker must
understand correctly the law that regulated his decision-making power and must give effect
to it” (Council of Civil Service Unions v Minister for the Civil Service)
2) Procedural Impropriety: has public body adhered to proper procedure?:
Fair procedure-when a person’s rights are affected, not fair to make decision
without giving them a chance to put their case; e.g. if given disciplinary action; they
are expected to be given notice of charges and right to rebut them, and to put their
case before an unbiased decision maker.
Natural Justice and the right to a fair hearing? Audi alteram partem (hear the other
side) and Nemo judex in causa sua (no one may be a judge in their own cause); when
is there a right to a fair hearing?
o Ridge v Baldwin-when decision interferes with another’s rights/interests
o Doody v Home Secretary
What is the content of a fair hearing?
o Individual must be given notice of the charge (information of case against them)
o How much info. do they need to be given?
o Indiv. must be given a hearing-how long should they be given to prepare a
response Lee v Department of Education and Science
o Adele’s not allowed legal representation-R v Secretary of State for Home Dpt. ex p
Tarrant
o Cross examine witnesses-R v Army Board of the Defence Council ex parte Anderson
Duty to give reasons?
o no general duty to give reasons in common law
o to what extent is there a common law duty to give reasons?
o Although public bodies are under no general common law duty to give reasons for
decisions, fairness may in some circumstances require it-R v Civil Service Appeal
Board and Doody v Home Secretary
Bias:
o Apparent bias=Porter v Magill?
Primary function of judicial review (common law) is to protect indiv. from abuses of state
power
Public body here=not-for-profit company ‘Association of Will Writers’
Power to take decision (the power/authority here comes from common law contracting)
Individual dispute=public body penalising individual and indiv. disputes correctness of
decision. They accept the rules, but dispute it’s been applied correctly.
Does public body have power (vires) to take decision; if they don’t, decision is unlawful (ultra
vires)
Have public body followed correct procedure when taking decision?-No fair hearing?
Reasons? Bias?
1) Illegality: does public body have power to take decision? Whether a lawful power exists?
According to Diplock, under illegality ground for judicial review, ‘decision maker must
understand correctly the law that regulated his decision-making power and must give effect
to it” (Council of Civil Service Unions v Minister for the Civil Service)
2) Procedural Impropriety: has public body adhered to proper procedure?:
Fair procedure-when a person’s rights are affected, not fair to make decision
without giving them a chance to put their case; e.g. if given disciplinary action; they
are expected to be given notice of charges and right to rebut them, and to put their
case before an unbiased decision maker.
Natural Justice and the right to a fair hearing? Audi alteram partem (hear the other
side) and Nemo judex in causa sua (no one may be a judge in their own cause); when
is there a right to a fair hearing?
o Ridge v Baldwin-when decision interferes with another’s rights/interests
o Doody v Home Secretary
What is the content of a fair hearing?
o Individual must be given notice of the charge (information of case against them)
o How much info. do they need to be given?
o Indiv. must be given a hearing-how long should they be given to prepare a
response Lee v Department of Education and Science
o Adele’s not allowed legal representation-R v Secretary of State for Home Dpt. ex p
Tarrant
o Cross examine witnesses-R v Army Board of the Defence Council ex parte Anderson
Duty to give reasons?
o no general duty to give reasons in common law
o to what extent is there a common law duty to give reasons?
o Although public bodies are under no general common law duty to give reasons for
decisions, fairness may in some circumstances require it-R v Civil Service Appeal
Board and Doody v Home Secretary
Bias:
o Apparent bias=Porter v Magill?
