ADMINISTRATIVE LAW QUESTIONS &
VALID COMPLETE SOLUTIONS
RATED 100% CORRECT
Introduction to Administrative Law. - CORRECT ANSWER - What mechanisms are
available to challenge decisions made by Public Bodies.
- For example, the Aberdeen City Bypass. Compulsory Purchase of houses where
people had to leave their homes due to them being on the route of where their houses
are.
Administrative Law: Definition. - CORRECT ANSWER - There is no authoritative
definition.
- "For some it is the law relating to the control of government power, the main object of
which is to protect individual rights. Other place greater emphasis upon rules that are
designed to ensure that the administration effectively performs the tasks assigned to it.
Yet others see the principal objective of administrative law as ensuring governmental
accountability, and fostering participation by interested parties in the decision-making
process." - Craig, Administrative Law, 6th Ed Sweet & Maxwell.
Administrative Law: Purpose - CORRECT ANSWER - There are two main aspects to
Administrative Law.
- Provides processes for the checking and control of the activities of:
- Government Departments.
- Public Authorities.
- Public Officials.
- Other Organisations which have devolved powers and whose activities may infringe on
individual rights.
- Provides for redress of grievances against such organisations & officials when an
infringement of rights has occurred. For example, if it is a children's hearing panel, you
as a parent may want to challenge what is happening in that hearing.
Development of Administrative Law - CORRECT ANSWER - Administrative law has
only been regarded as a separate area of Law relatively recently.
,- However its origins date back centuries and in particular to the mid-19th century and
Government expansion of its legislative and administrative powers into town and
country planning; the provision of housing; public health; regulation of the railways and
factory management.
- The result of such regulation was the need for mechanisms to resolve disputes
between individuals and regulatory bodies
- CORRECT ANSWER - Administrative Law has also developed rapidly in response to
the establishment and expansion of the welfare state in the mid 20th century.
- The Beveridge Report in 1942 led to extensive reforms in social welfare and the
introduction of the health service
- The Franks Report in 1957 introduced important principles into the system of
administrative justice to ensure that tribunals were independent from the government
departments concerned with their work. Tried to lay down key principles about how
tribunals should operate.
- The Franks Report set out standards of openness and impartiality to which the tribunal
should adhere.
- After the 2nd World War, Adminstrative Law has expanded rapidly.
- The State is now involved in many areas.
- The NHS was created but along with that, there is public housing, mental health
tribunals and others that the State would not have been expected to do in the past.
- Number of Reports looking at the expansion of the welfare state and how it should be
regulated.
If Gerry makes a claim for a social security benefit and he is denied it, he can go and
appeal this...
- How do we get a system that is completely separate from the Government Body that is
actually involved in the running of that Department.
Historical background of Tribunals - CORRECT ANSWER - Since the Franks Report
many reforms have been introduced in relation to the composition, procedures &
structure of tribunals.
- Tribunals and Inquiries Act 1958 (after Franks Report). Took on board
recommendations and made changes to the Law.
- Tribunals and Inquiries Act 1992.
, - Tribunals, Courts and Enforcement Act 2007 following the Leggatt Report in 2001.
- Philip Report 2008 (on Scottish devolved tribunals).
- Tribunal Reform in Scotland - A Vision for the Future 2011.
- Tribunals (Scotland) Act 2014 & Courts Reform (Scotland) Act 2014 (on back of 2011
Report introduced further changes).
- 2014 Act restricted the Tribunal System and made it quite similar to the changes in
England.
Development of Administrative Law - CORRECT ANSWER - Despite the major
privatisations of the Conservative Government in 1979 in relation to British Coal, British
Gas, British Rail and British Telecom, government has created other bodies to regulate
the activities of organisations such as the Police Complaints Authority and the Financial
Services Authority
- So Administrative Law has emerged as a separate subject due to necessity rather
than design as a mechanism was needed to resolve disputes between individuals who
contested the decisions of bodies who made decisions affecting them and regulated
their activities.
- During the 1980's, there was many privatisation schemes. All these things had been
State Owned. For example, should British Rail be re-nationalised?
- Regulatory Bodies deal with Complaints.
Bodies that you can go to if you want to challenge the decisions or the policies done by
these organisations.
Purposes of Administrative Law - CORRECT ANSWER - To ensure powers of
Government and other Public Bodies and Organisations are kept within their legal
bounds.
- To protect the citizen from infringement of fundamental rights and to provide redress
where their rights have been infringed.
- To ensure public authorities fulfil duties imposed on them.
- To ensure provision for access to information so that the public are aware of
government policies and actions and able to access their personal records held by
government agencies.
VALID COMPLETE SOLUTIONS
RATED 100% CORRECT
Introduction to Administrative Law. - CORRECT ANSWER - What mechanisms are
available to challenge decisions made by Public Bodies.
- For example, the Aberdeen City Bypass. Compulsory Purchase of houses where
people had to leave their homes due to them being on the route of where their houses
are.
Administrative Law: Definition. - CORRECT ANSWER - There is no authoritative
definition.
- "For some it is the law relating to the control of government power, the main object of
which is to protect individual rights. Other place greater emphasis upon rules that are
designed to ensure that the administration effectively performs the tasks assigned to it.
Yet others see the principal objective of administrative law as ensuring governmental
accountability, and fostering participation by interested parties in the decision-making
process." - Craig, Administrative Law, 6th Ed Sweet & Maxwell.
Administrative Law: Purpose - CORRECT ANSWER - There are two main aspects to
Administrative Law.
- Provides processes for the checking and control of the activities of:
- Government Departments.
- Public Authorities.
- Public Officials.
- Other Organisations which have devolved powers and whose activities may infringe on
individual rights.
- Provides for redress of grievances against such organisations & officials when an
infringement of rights has occurred. For example, if it is a children's hearing panel, you
as a parent may want to challenge what is happening in that hearing.
Development of Administrative Law - CORRECT ANSWER - Administrative law has
only been regarded as a separate area of Law relatively recently.
,- However its origins date back centuries and in particular to the mid-19th century and
Government expansion of its legislative and administrative powers into town and
country planning; the provision of housing; public health; regulation of the railways and
factory management.
- The result of such regulation was the need for mechanisms to resolve disputes
between individuals and regulatory bodies
- CORRECT ANSWER - Administrative Law has also developed rapidly in response to
the establishment and expansion of the welfare state in the mid 20th century.
- The Beveridge Report in 1942 led to extensive reforms in social welfare and the
introduction of the health service
- The Franks Report in 1957 introduced important principles into the system of
administrative justice to ensure that tribunals were independent from the government
departments concerned with their work. Tried to lay down key principles about how
tribunals should operate.
- The Franks Report set out standards of openness and impartiality to which the tribunal
should adhere.
- After the 2nd World War, Adminstrative Law has expanded rapidly.
- The State is now involved in many areas.
- The NHS was created but along with that, there is public housing, mental health
tribunals and others that the State would not have been expected to do in the past.
- Number of Reports looking at the expansion of the welfare state and how it should be
regulated.
If Gerry makes a claim for a social security benefit and he is denied it, he can go and
appeal this...
- How do we get a system that is completely separate from the Government Body that is
actually involved in the running of that Department.
Historical background of Tribunals - CORRECT ANSWER - Since the Franks Report
many reforms have been introduced in relation to the composition, procedures &
structure of tribunals.
- Tribunals and Inquiries Act 1958 (after Franks Report). Took on board
recommendations and made changes to the Law.
- Tribunals and Inquiries Act 1992.
, - Tribunals, Courts and Enforcement Act 2007 following the Leggatt Report in 2001.
- Philip Report 2008 (on Scottish devolved tribunals).
- Tribunal Reform in Scotland - A Vision for the Future 2011.
- Tribunals (Scotland) Act 2014 & Courts Reform (Scotland) Act 2014 (on back of 2011
Report introduced further changes).
- 2014 Act restricted the Tribunal System and made it quite similar to the changes in
England.
Development of Administrative Law - CORRECT ANSWER - Despite the major
privatisations of the Conservative Government in 1979 in relation to British Coal, British
Gas, British Rail and British Telecom, government has created other bodies to regulate
the activities of organisations such as the Police Complaints Authority and the Financial
Services Authority
- So Administrative Law has emerged as a separate subject due to necessity rather
than design as a mechanism was needed to resolve disputes between individuals who
contested the decisions of bodies who made decisions affecting them and regulated
their activities.
- During the 1980's, there was many privatisation schemes. All these things had been
State Owned. For example, should British Rail be re-nationalised?
- Regulatory Bodies deal with Complaints.
Bodies that you can go to if you want to challenge the decisions or the policies done by
these organisations.
Purposes of Administrative Law - CORRECT ANSWER - To ensure powers of
Government and other Public Bodies and Organisations are kept within their legal
bounds.
- To protect the citizen from infringement of fundamental rights and to provide redress
where their rights have been infringed.
- To ensure public authorities fulfil duties imposed on them.
- To ensure provision for access to information so that the public are aware of
government policies and actions and able to access their personal records held by
government agencies.
