13. Grounds for judicial reviewProcedural impropriety, natural justice, and legitimate expectation

2021 ◽  
pp. 184-197
Author(s):  
Colin Faragher
Keyword(s):  
Judicial Review ◽  
Fair Trial ◽  
Essential Information ◽  
Natural Justice ◽  
Legitimate Expectation ◽  
Personal Bias ◽  
The Right

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the grounds for judicial review. These include procedural impropriety, which means breach of the rules of natural justice, and failure to comply with statutory procedural requirements. This chapter looks at the definitional elements of the rules of natural justice, whether the rules of natural justice apply in principle, the extent to which the rules of natural justice apply, disciplinary hearings, licensing cases, pecuniary and personal bias, whether or not a fair trial has taken place, and the right to be given reasons for a decision. This chapter also considers legitimate expectation as a ground for judicial review.

13. Grounds for judicial review: procedural impropriety, natural justice, and legitimate expectation

2019 ◽  
pp. 182-195
Author(s):  
Colin Faragher
Keyword(s):  
Judicial Review ◽  
Fair Trial ◽  
Essential Information ◽  
Natural Justice ◽  
Legitimate Expectation ◽  
Personal Bias ◽  
The Right

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the grounds for judicial review. These include procedural impropriety, which means breach of the rules of natural justice, and failure to comply with statutory procedural requirements. This chapter looks at the definitional elements of the rules of natural justice, whether the rules of natural justice apply in principle, the extent to which the rules of natural justice apply, disciplinary hearings, licensing cases, pecuniary and personal bias, whether or not a fair trial has taken place, and the right to be given reasons for a decision. This chapter also considers legitimate expectation as a ground for judicial review.

13. Grounds for judicial review: procedural impropriety, natural justice, and legitimate expectation

2017 ◽  
Author(s):  
Colin Faragher
Keyword(s):  
Judicial Review ◽  
Fair Trial ◽  
Essential Information ◽  
Natural Justice ◽  
Legitimate Expectation ◽  
Personal Bias ◽  
The Right

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the grounds for judicial review. These include procedural impropriety, which means breach of the rules of natural justice and failure to comply with statutory procedural requirements. This chapter looks at the definitional elements of the rules of natural justice, whether the rules of natural justice apply in principle, the extent to which the rules of natural justice apply, disciplinary hearing, licensing cases pecuniary and personal bias, whether or not a fair trial has taken place and the right to be given reasons for a decision. This chapter also considers legitimate expectation as a ground for judicial review.

10. Administrative Law:

2016 ◽  
Author(s):  
Richard Clements
Keyword(s):  
Judicial Review ◽  
Administrative Law ◽  
Natural Justice ◽  
Locus Standi ◽  
Public Body ◽  
Chapter Deal ◽  
The Law ◽  
The Right

The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions; diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic and suggestions on further reading. This chapter is about judicial review. This is the means by which the citizen can use the courts to ensure that a public body obeys the law. The questions in the chapter deal with issues such as the erratic development of administrative law; the procedure to apply for judicial review; the right to apply (locus standi), procedural ultra vires; natural justice; and substantive ultra vires.

14. The grounds for judicial review

2020 ◽  
pp. 309-353
Author(s):  
Neil Parpworth
Keyword(s):  
Judicial Review ◽  
Civil Service ◽  
Public Law ◽  
Fiduciary Duty ◽  
Bad Faith ◽  
Natural Justice ◽  
Legitimate Expectations ◽  
Fair Hearing ◽  
The Right

This chapter considers the grounds on which public decisions may be challenged before the courts. It begins with an overview of two cases—Associated Provincial Picture Houses Ltd v Wednesbury Corpn (1948) and Council of Civil Service Unions v Minister for the Civil Service (1985). The importance of these two cases is their distillation of the general principles. The discussion then covers the different grounds for judicial review: illegality, relevant/irrelevant considerations, fiduciary duty, fettering of a discretion, improper purpose, bad faith, irrationality, proportionality, procedural impropriety, natural justice, legitimate expectations, the right to a fair hearing, reasons, and the rule against bias. It is noted that principles often overlap, so that a challenge to a public law decision may be based on different principles.

18. Procedural Impropriety

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Natural Justice ◽  
Legitimate Expectation ◽  
Legal Power ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
The Right ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. A public authority must have the legal power to act; if that power is conferred by statute, it may also specify the procedure that must be used prior to an action or a decision being taken. This is what is known as a ‘statutory procedure’, because it is specified in a statute. The statute may, for example, require the authority to give notice of its intention to take action in a certain way, to consult interested groups, or to tell individuals that they have the right to appeal from an adverse decision. If the authority does not comply, then this is a breach of the statutory procedure and may be reviewed as a procedural impropriety. This chapter discusses the judicial review of procedural impropriety. It covers the rules of natural justice; the right to be heard; legitimate expectation; the detailed requirements of natural justice; the rule against bias; and Article 6 of the European Convention on Human Rights.

10. Introduction to administrative lawThe foundations and extent of judicial review

2021 ◽  
pp. 142-160
Author(s):  
Colin Faragher
Keyword(s):  
Judicial Review ◽  
Subject Matter ◽  
Public Law ◽  
Essential Information ◽  
High Court ◽  
Court Judge ◽  
Public Body ◽  
The Subject ◽  
The Right ◽  
Public Bodies

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the concept of judicial review. Judicial review allows a High Court judge to examine the lawfulness of decisions made by public bodies carrying out their public functions and enactments where there is no right of appeal or where all avenues of appeal have been exhausted. The defendant must be a public body, the subject matter of a claim must be a public law matter, and the claimant must have the right to claim. This chapter also looks at the basis procedure for judicial review.

10. Introduction to administrative law: the foundations and extent of judicial review

2019 ◽  
pp. 141-158
Author(s):  
Colin Faragher
Keyword(s):  
Judicial Review ◽  
Subject Matter ◽  
Administrative Law ◽  
Public Law ◽  
Essential Information ◽  
High Court ◽  
Court Judge ◽  
Public Body ◽  
The Subject ◽  
The Right

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the concept of judicial review. Judicial review allows a High Court judge to examine the lawfulness of decisions made by public bodies carrying out their public functions and enactments where there is no right of appeal or where all avenues of appeal have been exhausted. The defendant must be a public body, the subject matter of a claim must be a public law matter, and the claimant must have the right to claim. This chapter also looks at the basis procedure for judicial review.

14. The grounds for judicial review

2018 ◽  
Author(s):  
Neil Parpworth
Keyword(s):  
Judicial Review ◽  
Civil Service ◽  
Public Law ◽  
Fiduciary Duty ◽  
Bad Faith ◽  
Natural Justice ◽  
Legitimate Expectations ◽  
Fair Hearing ◽  
The Right

This chapter considers the grounds on which public decisions may be challenged before the courts. It begins with an overview of two cases—Associated Provincial Picture Houses Ltd v Wednesbury Corpn (1948) and Council of Civil Service Unions v Minister for the Civil Service (1985). The importance of these two cases is their distillation of the general principles. The discussion then covers the different grounds for judicial review: illegality, relevant/irrelevant considerations, fiduciary duty, fettering of a discretion, improper purpose, bad faith, irrationality, proportionality, procedural impropriety, natural justice, legitimate expectations, the right to a fair hearing, reasons, and the rule against bias. It is noted that principles often overlap, so that a challenge to a public law decision may be based on different principles.

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