16. Illegality

2021 ◽  
pp. 517-564
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Public Sector ◽  
Judicial Review ◽  
Case Law ◽  
Public Authorities ◽  
The Public ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Primary Materials ◽  
Discretionary Powers

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. This chapter examines ‘illegality’ as a ground for judicial review. Central to judicial review is the idea of ultra vires, which is the principle that public authorities have to act within their legal powers and that if they act or fail to act consistently with their legal powers, they will be acting unlawfully. Case law on the exercise of discretionary powers by public authorities is discussed in depth. In addition, the public-sector equality duty in section 149 of the Equality Act 2010 is explained. The concept of jurisdiction and the distinction between error of law and error of fact are also included under this ground of review.

16. Illegality

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Judicial Review ◽  
Case Law ◽  
Public Authorities ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Primary Materials ◽  
Discretionary Powers

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. This chapter examines ‘illegality’ as a ground for judicial review. Central to judicial review is the idea of ultra vires, which is the principle that public authorities have to act within their legal powers, and that if they act or fail to act consistently with their legal powers, they will be acting unlawfully. Case law on the exercise of discretionary powers by public authorities is discussed. The issue of jurisdiction is also considered, in particular, the distinction between errors of law and errors of fact.

19. Remedies

2021 ◽  
pp. 652-679
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Public Authority ◽  
The Public ◽  
Wide Range ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Complete Series ◽  
Explanatory Text ◽  
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. This chapter discusses the remedies granted by the court. If a claimant successfully establishes that the public authority has acted in contravention of one of the grounds of review, then the court may grant a remedy. The purpose of a remedy is to tell the public authority what it has to do to comply with the judgment and to ensure, as far as possible, that it obeys the courts’ decision. There are two main types of remedies available in judicial review cases: ordinary remedies (injunction, declaration, and damages) and prerogative remedies (quashing order, prohibiting order, and mandatory order). The chapter also discusses situations that may cause the court to refuse a remedy and the courts’ powers to grant a remedy under the Human Rights Act 1998 (HRA 1998), including a declaration of incompatibility in accordance with section 4 HRA 1998.

19. Remedies

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Public Authority ◽  
The Public ◽  
Wide Range ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Complete Series ◽  
Explanatory Text ◽  
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. This chapter discusses the remedies granted by the court. If a claimant successfully establishes that the public authority has acted in contravention of one of the grounds of review, then the court may grant a remedy. The purpose of a remedy is to tell the public authority what it has to do to comply with the judgment and to ensure, as far as possible, that it obeys the courts’ decision. There are two main types of remedies available in judicial review cases: ordinary remedies (injunction, declaration, and damages) and prerogative remedies (quashing order, prohibiting order, and mandatory order). The chapter also discusses situations that may cause the court to refuse a remedy and the courts’ powers to grant a remedy under the Human Rights Act 1998.

Complete Public Law

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Judicial Review ◽  
Alternative Dispute Resolution ◽  
Public Law ◽  
Previous Knowledge ◽  
Law And Politics ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Primary Materials ◽  
Secondary 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. Complete Public Law combines clear explanatory text and practical learning features with extracts from a wide range of primary and secondary materials. The book has been structured with the needs of undergraduate courses in mind. Opening with consideration of basic constitutional principles (in which no previous knowledge is assumed), the chapters move on to cover all other essential areas, before closing with consideration of the principles and procedures of judicial review. This edition includes a new chapter on executive accountability through a range of methods including tribunals, inquiries and alternative dispute resolution. The book has now been fully updated to account for the latest developments in constitutional law and politics, including the constitutional pathway to ‘Brexit’.

Complete Land Law

2019 ◽  
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Case Law ◽  
Land Law ◽  
Short Term ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
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. This edition of Complete Land Law combines clear commentary in relation to land law with essential extracts from legislation and cases. A wide range of extracts are included, providing convenient and reliable access to all the materials needed. This edition features discussion of the latest case law in the area of land law, including: the Supreme Court’s decision in Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd on whether sporting and recreational rights can be an easement; the Court of Appeal’s confirmation in Baker v Craggs that an easement cannot be overreached; a discussion of the Homes (Fitness for Habitation) Act 2018, providing greater protection for short-term leases; and a discussion of the lease/licence distinction in relation to guardians from the judgment Camelot Guardian Management v Khoo.

Complete Public Law

2021 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
European Union ◽  
Judicial Review ◽  
Public Law ◽  
The European Union ◽  
Previous Knowledge ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Primary Materials ◽  
Secondary 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. Complete Public Law combines clear explanatory text and practical learning features with extracts from a wide range of primary and secondary materials. The book has been structured with the needs of undergraduate courses in mind. Opening with consideration of basic constitutional principles (in which no previous knowledge is assumed), the chapters move on to cover all other essential areas, before closing with consideration of the principles and procedures of judicial review. This edition includes substantial updates to address the UK’s withdrawal from the European Union and the constitutional implications these new arrangements have, including in the context of devolution.

20. Judicial Review: Putting It All Together in Problem Answers

2021 ◽  
pp. 680-692
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Judicial Review ◽  
The Body ◽  
The Other ◽  
Final Assessment ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Primary Materials ◽  
Legal Opinion

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. This chapter ties together the loose strands of judicial review to provide a checklist of issues that must be considered in order to diagnose a judicial review problem and to provide a legal opinion for clients. The following questions are addressed: What are judicial review problem questions designed to test? How does one approach a judicial review problem question? How does one approach whether the body may be judicially reviewed? How does one approach whether the client has standing or may intervene in an action? How does one approach whether the other preconditions are met? How does one approach the grounds for review? How does one deal with issues of remedy? How does one provide a final assessment to the client?

10. Free movement of goods

2017 ◽  
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Economic Integration ◽  
Case Law ◽  
Free Movement ◽  
Equivalent Effect ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Free Movement Of Goods ◽  
Movement Rules ◽  
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. This chapter discusses the principle of the free movement of goods in the context of the internal market. It covers the stages of economic integration; the principle of non-discrimination; the main Treaty provisions governing the free movement of goods; the meaning of ‘goods’; Article 30 TFEU: the prohibition of customs duties and charges having equivalent effect; charges for services rendered; Article 110 TFEU: the prohibition of discriminatory taxation; and Articles 34 and 35 TFEU: the prohibition of quantitative restrictions and measures having equivalent effect. This chapter also considers Treaty and case law-based derogations from free movement rules including Article 36 TFEU, Cassis de Dijon, and Keck v Mithouard. Finally, this chapter explores a potential new category of measures having an equivalent effect.

20. Judicial Review: Putting it all Together in Problem Answers

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Judicial Review ◽  
The Body ◽  
The Other ◽  
Final Assessment ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Primary Materials ◽  
Legal Opinion

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. This chapter ties together the loose strands of judicial review to provide a checklist of issues that must be considered in order to diagnose a judicial review problem and to provide a legal opinion for clients. The following questions are addressed: What are judicial review problem questions designed to test? How does one approach a judicial review problem question? How does one approach whether the body may be judicially reviewed? How does one approach whether the client has standing or may intervene in an action? How does one approach whether the other preconditions are met? How does one approach the grounds for review? How does one deal with issues of remedy? How does one provide a final assessment to the client?

3. The Nature of the British Constitution

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Judicial Review ◽  
Legal Power ◽  
Wide Range ◽  
Constitutional Reforms ◽  
Complete Series ◽  
Explanatory Text ◽  
The Uk ◽  
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. This chapter outlines the characteristics of the UK constitution, which is not a traditional written constitution and thus is defined as an ‘unwritten’ constitution. It is not hierarchically superior to all other law in the country, which means that Acts of Parliament cannot be compared with it by judges and be declared as unconstitutional and invalid. Neither can the UK constitution be enforced against the legislature as a result, nor is it entrenched and protected, because it can always be changed by Act of Parliament. However, it can be legally enforced by the mechanism of judicial review against the executive, meaning that the executive may legally act only within its legal power. The chapter also considers the sources that make up the UK constitution and proposed constitutional reforms.

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