This chapter considers the rights and freedoms provided by the European Convention on Human Rights and Fundamental Freedoms (ECHR), and the Human Rights Act 1998.
Chapter
7. Personal rights and freedoms
Sir William Wade, Christopher Forsyth, and Julian Ghosh
Chapter
1. Administration and the principles of the constitution
Administrative law includes a complex variety of processes and doctrines that confer and control public power. This chapter outlines the underlying principles of administrative law. Topics discussed include the core principle of administrative law: opposition to arbitrary use of power. That principle is introduced through the story of habeas corpus from the middle ages to the twenty-first century. The constitutional principles of administrative law also include parliamentary sovereignty, the separation of powers, the rule of law, comity among constitutional authorities, accountability, and a newly emerging principle of open government. The chapter shows how the common law and legislation can achieve adherence to these principles of administrative law.
Chapter
13. The Rule against Bias
Sir William Wade and Christopher Forsyth
This chapter begins with a discussion of judicial and administrative impartiality, including cases when a judge is disqualified because he may be or fairly suspected to be biased, a history of the test bias, and application of the ‘fair-minded and well-informed observer’ test. It then describes the causes and effects of prejudice.
Chapter
14. The Right to a Fair Hearing
Sir William Wade and Christopher Forsyth
This chapter discusses the right to a fair hearing, which has been used by the courts as a base on which to build a kind of code of fair administrative procedure, comparable to ‘due process of law’ under the Constitution of the United States. Topics covered include administrative cases and statutory hearings, the retreat from natural justice, the right to be heard, the protection of legitimate expectations, and exceptions to the right to a fair hearing.
Chapter
17. Boundaries of Judicial Review
Sir William Wade and Christopher Forsyth
This chapter discusses the scope of judicial review. Judicial review is a procedure for obtaining the remedies specified in the Senior Courts Act 1981, namely the quashing order, the prohibiting order, and the mandatory order and declaration and injunction. The scope of judicial review, therefore, is the same as the scope of these remedies. Their boundaries, as set out already, are fairly clear, but in the non-statutory area they are uncertain.
Chapter
18. Procedure of Judicial Review
Sir William Wade and Christopher Forsyth
This chapter discusses the application for judicial review. The development of the application is complicated and intertwined with the historical deficiencies and peculiarities of the remedies themselves. Thus, the chapter begins with an account of the defects in the prerogative remedies that spurred the creation of the application. It then discusses the creation of the application for judicial review and subsequent developments; and the divorce of public and private law.
Chapter
5. Public Corporations, Privatisation and Regulation
Sir William Wade and Christopher Forsyth
This chapter begins with a discussion of public corporations, covering the uses of corporate personality, legal status and liability, and relevance in administrative law. It then describes the mechanisms of privatization and nationalization, the changing nature of regulation, and some regulatory mechanisms, including the regulation of commerce, financial services, and public utilities.
Chapter
8. Jurisdiction Over Fact and Law
Sir William Wade and Christopher Forsyth
This chapter discusses the objective boundaries of discretionary powers and the way in which the courts police them. Inherent in all discretionary power is the power to decide freely, whether rightly or wrongly, without liability to correction, within the area of discretion allowed by the law. Until fairly recently this liberty to make mistakes within jurisdiction extended to significant mistakes both of law and of fact. The extent to which both these classes of error have been brought within the scope of judicial review is explained.
Book
William Wade and Christopher Forsyth
Wade & Forsyth's Administrative Law provides a perceptive account, and an unparalleled level of coverage, of the principles of judicial review and a sketch of the administrative arrangements of the UK. First published in 1961, Administrative Law a classic text. In the eleventh edition, the text brings its account of administrative law up to date in light of recent case law and legislation. The volume covers the following areas of administrative law: authorities and their functions; the influence of Europe; powers and jurisdiction; discretionary power; natural justice; remedies and liability; and administrative legislation and adjudication.
Chapter
1. Introduction
Sir William Wade and Christopher Forsyth
This introductory chapter begins with a discussion of the definition of administrative law. It then turns to the characteristics of the law, covering the legal systems of Britain and Continental Europe, EU law, European human rights, the development of administrative law in England, and the failure of administrative law to keep pace with the expanding powers of the state in the twentieth century.
Chapter
24. Statutory and other Inquiries
Sir William Wade and Christopher Forsyth
This chapter begins with a discussion of statutory inquiry, which is the standard technique for giving a fair hearing to objectors before the final decision is made on some question of government policy affecting citizens' rights or interests. It then turns to complaints and reforms; law and practice today in statutory inquiries; and other inquiry procedures.
Chapter
3. The Central Government
Sir William Wade and Christopher Forsyth
This chapter describes the various public authorities and their legal status. These include the Crown and ministers; the civil service and the law of Crown service; some governmental functions of more importance to administrative law; and the filing and investigation of complaints against the government.
Book
William Wade, Christopher Forsyth, and Julian Ghosh
Wade & Forsyth’s Administrative Law provides a perceptive account, and an unparalleled level of coverage, of the principles of judicial review and a sketch of the administrative arrangements of the UK. First published in 1961, Administrative Law a classic text. In the twelfth edition, the text brings its account of administrative law up to date in light of recent case law and legislation. The volume covers the following areas of administrative law: authorities and their functions; the influence of Europe; powers and jurisdiction; discretionary power; natural justice; remedies and liability; and administrative legislation and adjudication.
Chapter
1. Introduction
Sir William Wade, Christopher Forsyth, and Julian Ghosh
This introductory chapter begins with a discussion of the definition of administrative law. It then turns to the characteristics of the law, covering the legal systems of Britain and Continental Europe, EU law, European human rights, the development of administrative law in England and the failure of administrative law to keep pace with the expanding powers of the state in the twentieth century.
Chapter
17. Boundaries of Judicial Review
Sir William Wade, Christopher Forsyth, and Julian Ghosh
This chapter discusses the scope of judicial review. Judicial review is a procedure for obtaining the remedies specified in the Senior Courts Act 1981, namely the quashing order, the prohibiting order and the mandatory order, and declaration and injunction. The scope of judicial review, therefore, is the same as the scope of these remedies. Their boundaries, as set out already, are fairly clear, but in the non-statutory area they are uncertain.
Chapter
18. Procedure of Judicial Review
Sir William Wade, Christopher Forsyth, and Julian Ghosh
This chapter discusses the application for judicial review. The development of the application is complicated and intertwined with the historical deficiencies and peculiarities of the remedies themselves. Thus, the chapter begins with an account of the defects in the prerogative remedies that spurred the creation of the application. It then discusses the creation of the application for judicial review and subsequent developments; and the divorce of public and private law.
Chapter
20. Liability of Public Authorities
Sir William Wade, Christopher Forsyth, and Julian Ghosh
This chapter discusses the liability of public authorities. Topics covered include categories of liability; liability for breach of human rights; liability for the tort of negligence; strict liability; breach of statutory duty; misfeasance in public office; statement of general principles of liability; immunities and time limits for actions in tort; liability in contract; liability to make restitution; and liability to pay compensation where there has been no tort or breach of contract.
Chapter
24. Statutory and Other Inquiries
Sir William Wade, Christopher Forsyth, and Julian Ghosh
This chapter begins with a discussion of statutory inquiry, which is the standard technique for giving a fair hearing to objectors before the final decision is made on some question of government policy affecting citizens’ rights or interests. It then turns to complaints and reforms; law and practice today in statutory inquiries; and other inquiry procedures.
Chapter
3. The Central Government
Sir William Wade, Christopher Forsyth, and Julian Ghosh
This chapter describes the various public authorities and their legal status. These include the Crown and ministers; the civil service and the law of Crown service; some governmental functions of more importance to administrative law; and the filing and investigation of complaints against the government.
Chapter
13. The Rule Against Bias
Sir William Wade, Christopher Forsyth, and Julian Ghosh
This chapter begins with a discussion of judicial and administrative impartiality, including cases when a judge is disqualified because they may be or fairly suspected to be biased, a history of the test bias, and application of the ‘fair-minded and well-informed observer’ test. It then describes the causes and effects of prejudice.
