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Uni of Law GDL Public Exam Questions And
Answers (Guaranteed A+)
Cases Demonstrating Parliament's Unlimited Legislative Competence - Answer✔Cheney -
statute may override international law. Madzimbamuto - statute may override convention.
Burmah Oil - statute may operate retrospectively. ex p Fire Brigades Union; A-G v Dekeynes
Royal Hotel; Miller - statute may erode Royal Prerogative (n.b. also Crown Proceedings Act
1947, Fixed Term Parliaments Act 2011)
Cases Demonstrating Domestic Limitations on Parliamentary Sovereignty - Answer✔Implied
repeal (per Ellen St. Estates) is limited (per Thoburn, H v Lord Advocate, HS2, Gina Miller
case). The whole manner and form debate (Parliament Acts 1911 & 1949; Jackson). Henry VIII
powers. The Rule of Law (Jackson, Moohan).
Cases Demonstrating European Limitations on Parliamentary Sovereignty - Answer✔TFEU is
supreme post 1972 - Benkharbouche, Pickstone, Litster, Webb, Marleasing, Factortame. Also
ECHR, to a degree - Belmarsh, R v A, Ghaidan
Judicial Review on the Ground of Illegality - Answer✔Acting without legal authority (ex p
McCarthy & Stone); delegation (although n.b. Carltona and LGA s.101; Vine); Fettering of
discretion (Lavendar, British Oxygen); Improper or dual purpose (Conegreve, LNWR, ILEA);
Relevant/irrelevant consideration (Roberts v Hopwood, Padfield v MoAgriculture); Error of law
or fact (law - Anisminic; fact - ex p Khawaja)
Judicial Review on the Ground of Irrationality - Answer✔On the merits of the decision so can be
on thin ice here. Wednesbury - a decision so unreasonable that no reasonable authority could
ever have come to it. CCSU - 'so outrageous in its defiance of logic, or if accepted moral
standards, that no sensible person could have arrived at it'
Judicial Review on the Ground of Procedural Impropriety (ultra vires) - Answer✔Mandatory
requirements have not been met (e.g. of a mandatory requirement - Bradbury v London Borough
of Enfield; of directory - Coney) Soneji - consider consequences of non-compliance to establish
whether its mandatory or directory
Judicial Review on the Ground of Procedural Impropriety (natural justice) - Answer✔Fairmount
- assume Parliament wants us to comply with rules of natural justice. Bates - rules of natural
justice do not apply when the decision maker is legislative. Rules against bias - direct bias
(pecuniary - Dimes, otherwise - Pinochet) and indirect bias (Porther v Magill 'would a fair
minded and impartial observer conclude that there had been a real possibility of bias?')
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Uni of Law GDL Public Exam Questions And
Answers (Guaranteed A+)
Cases Demonstrating Parliament's Unlimited Legislative Competence - Answer✔Cheney -
statute may override international law. Madzimbamuto - statute may override convention.
Burmah Oil - statute may operate retrospectively. ex p Fire Brigades Union; A-G v Dekeynes
Royal Hotel; Miller - statute may erode Royal Prerogative (n.b. also Crown Proceedings Act
1947, Fixed Term Parliaments Act 2011)
Cases Demonstrating Domestic Limitations on Parliamentary Sovereignty - Answer✔Implied
repeal (per Ellen St. Estates) is limited (per Thoburn, H v Lord Advocate, HS2, Gina Miller
case). The whole manner and form debate (Parliament Acts 1911 & 1949; Jackson). Henry VIII
powers. The Rule of Law (Jackson, Moohan).
Cases Demonstrating European Limitations on Parliamentary Sovereignty - Answer✔TFEU is
supreme post 1972 - Benkharbouche, Pickstone, Litster, Webb, Marleasing, Factortame. Also
ECHR, to a degree - Belmarsh, R v A, Ghaidan
Judicial Review on the Ground of Illegality - Answer✔Acting without legal authority (ex p
McCarthy & Stone); delegation (although n.b. Carltona and LGA s.101; Vine); Fettering of
discretion (Lavendar, British Oxygen); Improper or dual purpose (Conegreve, LNWR, ILEA);
Relevant/irrelevant consideration (Roberts v Hopwood, Padfield v MoAgriculture); Error of law
or fact (law - Anisminic; fact - ex p Khawaja)
Judicial Review on the Ground of Irrationality - Answer✔On the merits of the decision so can be
on thin ice here. Wednesbury - a decision so unreasonable that no reasonable authority could
ever have come to it. CCSU - 'so outrageous in its defiance of logic, or if accepted moral
standards, that no sensible person could have arrived at it'
Judicial Review on the Ground of Procedural Impropriety (ultra vires) - Answer✔Mandatory
requirements have not been met (e.g. of a mandatory requirement - Bradbury v London Borough
of Enfield; of directory - Coney) Soneji - consider consequences of non-compliance to establish
whether its mandatory or directory
Judicial Review on the Ground of Procedural Impropriety (natural justice) - Answer✔Fairmount
- assume Parliament wants us to comply with rules of natural justice. Bates - rules of natural
justice do not apply when the decision maker is legislative. Rules against bias - direct bias
(pecuniary - Dimes, otherwise - Pinochet) and indirect bias (Porther v Magill 'would a fair
minded and impartial observer conclude that there had been a real possibility of bias?')
1|Page
