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Chapter

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

Sir William Wade and Christopher Forsyth

This chapter first discusses how the courts have devised a code of fair administrative procedure based on doctrines which are an essential part of any system of administrative justice. It then explains the concept of administrative justice and natural justice; natural justice in the common law; the European Convention and natural justice in administrative proceedings; and the curative effect of access to a court of ‘full jurisdiction’.

Chapter

Sir William Wade and Christopher Forsyth

This chapter discusses the liability of the Crown itself. ‘The Crown’ refers to the sovereign acting in a public or official capacity. The passage of the Crown Proceedings Act 1947 placed the Crown, in principle, in the position of an ordinary employer and of an ordinary litigant. The law as it now stands under the Act may be divided under four headings: tort, contract, remedies and procedure, and statutes affecting the Crown.

Chapter

Sir William Wade and Christopher Forsyth

This chapter begins with a discussion of collateral proceedings, identifying the situations in which the court will and will not allow the issue of invalidity to be raised. It then explains the rules on partial invalidity, standard and burden of proof, and invalid and void administrative acts.