Procedural Impropriety
Sources of procedural rules
- A set of grounds have been developed which concern decision making procedures
o Such procedural rules are to be found in the common law & sometimes in
statute
o Failure to comply with them may lead to the decision being nullified
Reasons for procedural rules
- Link between process & outcome
- Need to protect values which are independent of the direct outcome of the decision
o Fairness & the protection of the individual dignity
Express procedural requirements
- In deciding whether failure to follow a procedural requirement invalidates a decision
courts have divided procedural requirements
o Mandatory
Breach which leads to the decision being quashed
o Directory
Breach which won’t lead to the decision being quashed
Bradbury v Enfield London borough council
Rules of natural justice
- A person must be given a fair hearing
- The rule against bias which requires that a person mustn’t be a judge in their own
cause
- These rules have been extended to apply to administrative decision making by
administrative authorities
Right to a fair hearing
- The traditional principles were that it only applied to judicial or quasi-judicial
decisions as opposed to administrative ones
Ridge v Baldwin
- A wider variety of decisions have been considered to be subject to the requirements
of natural justice
- If a decision seriously affects individual interests’ natural justice must be observed
irrespective of the label applicable to that decision
o The issue is the application of the rule to the particular circumstances of the
case
McInnes v oslow fane
R v secretary of state – doody
- The court supplied the following guidance
o Where an act confers an administrative power, there’s a presumption that
it’ll be exercised in a manner that’s fair in all circumstances
o The standards of fairness aren’t unchanging
o The principles of fairness aren’t to be applied identically in every situation
o Dependent on the context of the decision
Includes the statute & shape of the legal & administrative system
within which the decision is made
- Fairness will often require that a person who may be affected by the decision will
have an opportunity to make representations on their own behalf
Sources of procedural rules
- A set of grounds have been developed which concern decision making procedures
o Such procedural rules are to be found in the common law & sometimes in
statute
o Failure to comply with them may lead to the decision being nullified
Reasons for procedural rules
- Link between process & outcome
- Need to protect values which are independent of the direct outcome of the decision
o Fairness & the protection of the individual dignity
Express procedural requirements
- In deciding whether failure to follow a procedural requirement invalidates a decision
courts have divided procedural requirements
o Mandatory
Breach which leads to the decision being quashed
o Directory
Breach which won’t lead to the decision being quashed
Bradbury v Enfield London borough council
Rules of natural justice
- A person must be given a fair hearing
- The rule against bias which requires that a person mustn’t be a judge in their own
cause
- These rules have been extended to apply to administrative decision making by
administrative authorities
Right to a fair hearing
- The traditional principles were that it only applied to judicial or quasi-judicial
decisions as opposed to administrative ones
Ridge v Baldwin
- A wider variety of decisions have been considered to be subject to the requirements
of natural justice
- If a decision seriously affects individual interests’ natural justice must be observed
irrespective of the label applicable to that decision
o The issue is the application of the rule to the particular circumstances of the
case
McInnes v oslow fane
R v secretary of state – doody
- The court supplied the following guidance
o Where an act confers an administrative power, there’s a presumption that
it’ll be exercised in a manner that’s fair in all circumstances
o The standards of fairness aren’t unchanging
o The principles of fairness aren’t to be applied identically in every situation
o Dependent on the context of the decision
Includes the statute & shape of the legal & administrative system
within which the decision is made
- Fairness will often require that a person who may be affected by the decision will
have an opportunity to make representations on their own behalf
