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.
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Sir William Wade, Christopher Forsyth, and Julian Ghosh
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, 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
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
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
Sir William Wade and Christopher Forsyth
Tribunals have attracted the attention of the legislature on several occasions, most recently with the Tribunals, Courts and Enforcement Act 2007, which implements far reaching and fundamental reforms seeking to impose system and order on the maze of specialised tribunals. This chapter discusses the 2007 reforms, the procedure of tribunals, and appeals on questions of law and discretion.
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This chapter discusses tribunals and their role within the administrative justice system. It considers the purpose of tribunals, their advantages over the courts and the difference between tribunals and judicial review. The chapter than outlines the structure of tribunals, focusing on the two-tier system introduced by the Tribunals, Courts and Enforcement Act 2007, and the roles of the First-tier Tribunal and the Upper Tribunal. The ability to appeal from the First-tier Tribunal to the Upper Tribunal is then outlined together with the possibility of making an onward appeal on a point of law to the Court of Appeal and potentially direct to the Supreme Court. The chapter also analyses the development of ‘Cart judicial reviews’, which is when the Upper Tribunal is itself reviewed by the High Court, and scrutinises proposals to abolish this procedure. Different aspects of tribunal procedure, including oral or paper-based hearings, and different approaches to conducting oral hearings are also discussed. The chapter concludes by considering potential reforms, including the move to holding tribunals online.
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This chapter outlines the role of public inquiries within the broader context of administrative justice. The focus of this chapter is ad hoc inquires established under the royal prerogative or the Inquiries Act 2005 to consider a matter of public concern. Such inquiries fulfil several purposes, and supplement other forms of accountability. The chapter then discusses the key features of public inquiries, including the importance of the terms of reference which establish the remit of the inquiry. The next important question is the choice of chair or panel, and in particular as to whether a senior judge should be used to chair the inquiry. There are some circumstances when the use of a judicial chair is perhaps less appropriate, including when the inquiry is likely to veer into matters of political controversy. Other considerations include whether inquiries should sit in private or public, and the impact of an inquiries report once it has been released to the public.
Chapter
Sir William Wade, Christopher Forsyth, and Julian Ghosh
Tribunals have attracted the attention of the legislature on several occasions, most recently with the Tribunals, Courts and Enforcement Act 2007, which implements far reaching and fundamental reforms seeking to impose system and order on the maze of specialised tribunals. This chapter discusses the 2007 reforms, the procedure of tribunals and appeals on questions of law and discretion.
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This chapter assesses the contribution of tribunals and Inquiries to the domestic system of administrative law. First there is consideration of the advantages tribunals enjoy over courts as more flexible, specialist, and informal bodies capable of handling a much greater throughput of cases. The chapter proceeds to explain the impact of the Leggatt reforms which have led to the separation of tribunals from parent departments and the introduction of a national two tier system of tribunals under the Ministry of Justice presided over by tribunal judges. The revised framework has certain parallels with the continental style of administrative courts. The chapter also considers the varied role of Inquiries. As well as emphasising the procedural features of Inquires and the effect of the Inquiries Act 2005, the discussion is informed by reference to prominent Inquiries including: the Scott Inquiry, the Shipman Inquiry, and the Leveson Inquiry
