13. Judicial review: procedural impropriety

Public Law ◽  
2018 ◽  
Author(s):  
John Stanton ◽  
Craig Prescott
Keyword(s):  
Judicial Review ◽  
Civil Service ◽  
Clear Understanding ◽  
Natural Justice ◽  
The Core ◽  
Fair Hearing ◽  
The Right

This chapter explores procedural impropriety, the final of the three grounds for judicial review outlined by Lord Diplock in Council of Civil Service Unions and Others v Minister for the Civil Service. Procedural impropriety has the following elements. The first is a failure to comply with any procedural requirements set out in statute. Secondly, there is a broader heading of failing to act ‘fairly’, the core of which are the rules of natural justice. These rules can be summarised as the right to be heard and the right to a fair hearing. However, a clear understanding of procedural impropriety, and in particular the idea of fairness, still remains elusive.

13. Judicial review: procedural impropriety

Public Law ◽  
2020 ◽  
pp. 511-558
Author(s):  
John Stanton ◽  
Craig Prescott
Keyword(s):  
Judicial Review ◽  
Civil Service ◽  
Clear Understanding ◽  
Natural Justice ◽  
The Core ◽  
Fair Hearing ◽  
The Right

This chapter explores procedural impropriety, the final of the three grounds for judicial review outlined by Lord Diplock in Council of Civil Service Unions and Others v Minister for the Civil Service. Procedural impropriety has the following elements. The first is a failure to comply with any procedural requirements set out in statute. Secondly, there is a broader heading of failing to act ‘fairly’, the core of which are the rules of natural justice. These rules can be summarized as the right to be heard and the right to a fair hearing. However, a clear understanding of procedural impropriety, and in particular the idea of fairness, still remains elusive.

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.

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.

Core concepts in palliative care

2021 ◽  
pp. 44-54
Author(s):  
Nathan I. Cherny ◽  
Russell K. Portenoy
Keyword(s):  
Palliative Care ◽  
Core Values ◽  
Frame Of Reference ◽  
Good Death ◽  
Clear Understanding ◽  
Life Care ◽  
Basic Principles ◽  
The Core ◽  
Core Concepts ◽  
The Right

Having a clear understanding of why we do what we do in palliative care is one of the factors that mitigates against burnout. This chapter explores some of the core values and central concepts in palliative care. The chapter focuses on underlying basic principles including, care, compassion, and empathy and how they influence the right to effective palliative care. Other less commonly addressed core concepts such as resilience, humility, audacity, and sensitivity to differences are discussed. The chapter then explores the issues around goal-focused care and how it is applied in palliative care and the contentious issues as to what constitutes a good death. It is the hope of the editors that this new contribution will provides a frame of reference that can assist clinicians as we navigate many of the challenges confronted in the delivery of palliative and end of life care.

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.

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.

Techniques for Face Motion & Expression Analysis on Monocular Images

2011 ◽  
pp. 201-234
Author(s):  
Ana C. Andres del Valle ◽  
Jean-Luc Dugelay
Keyword(s):  
Expression Analysis ◽  
Clear Understanding ◽  
Ongoing Research ◽  
Facial Motion ◽  
Face Animation ◽  
The Core ◽  
The Face ◽  
Static Images ◽  
The Right ◽  
Face Synthesis

This chapter presents a state-of-the-art compilation on facial motion and expression analysis. The core of the chapter includes the description and comparison of methods currently being developed and tested to generate face animation from monocular static images and/or video sequences. These methods are categorized into three major groups: “those that retrieve emotion information,” “those that obtain parameters related to the Face Animation synthesis used,” and “those that use explicit face synthesis during the image analysis.” A general overview about the processing fundamentals involved in facial analysis is also provided. Readers will have a clear understanding of the ongoing research performed in the field of facial expression and motion analysis on monocular images by easily finding the right references to the detailed description of all mentioned methods.

10. Administrative law: judicial review

2020 ◽  
pp. 183-208
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.

Sign in / Sign up

Export Citation Format

Share Document