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Public Law

Public Law (3rd edn)

John Stanton and Craig Prescott
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date: 29 February 2024

p. 52214. Judicial review: procedural improprietylocked

p. 52214. Judicial review: procedural improprietylocked

  • John StantonJohn StantonSenior Lecturer in Law at The City Law School, City, University of London
  •  and Craig PrescottCraig PrescottLecturer in Law, Bangor University

Abstract

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.

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