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Chapter

The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter is about judicial review. This is the means by which the citizen can use the courts to ensure that a public body obeys the law. The questions in the chapter deal with issues such as the erratic development of administrative law; the procedure to apply for judicial review; the right to apply (locus standi), procedural ultra vires; natural justice; and substantive ultra vires.

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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’.

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This chapter explains how an LLP makes decisions, identifying the sorts of decisions that require unanimity and the sorts of decisions that can be decided by a majority. It considers how a decision-making power must be exercised, and the extent to which fetters such as good faith, rationality and natural justice will impact on the decision-making process. Lastly, it considers what the consequences of an unlawful decision are.

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This chapter explains the overlapping ideas of natural justice, procedural fairness, and due process, and discusses the importance of comity between judges and administrative agencies. The elements of process are outlined: notice and disclosure, oral hearings, waiver, reconsideration, and appeals. Proportionality is presented as a general principle of the procedural duties of public authorities, and the chapter explains the three process values: procedural requirements can improve decisions, treat people with respect, and subject the administration to the rule of law. The chapter explains the irony of process: the law must sometimes require procedures that impose disproportionate burdens on administrative authorities, in order to protect due process. The chapter concludes with an explanation of discretion in process and of the potential dangers involved in administrative processes.

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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.

Chapter

This chapter explains the overlapping ideas of natural justice, procedural fairness, and due process, and discusses the importance of comity between judges and administrative agencies. The elements of process are outlined: notice and disclosure, oral hearings, waiver, reconsideration, and appeals. Proportionality is presented as a general principle of the procedural duties of public authorities, and the chapter explains the three process values: procedural requirements can improve decisions, treat people with respect, and subject the administration to the rule of law. The chapter explains the irony of process: the law must sometimes require procedures that impose disproportionate burdens on administrative authorities, in order to protect due process. The chapter concludes with an explanation of discretion in process, and of the potential dangers involved in administrative processes.

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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. A public authority must have the legal power to act; if that power is conferred by statute, it may also specify the procedure that must be used prior to an action or a decision being taken. This is what is known as a ‘statutory procedure’, because it is specified in a statute. The statute may, for example, require the authority to give notice of its intention to take action in a certain way, to consult interested groups, or to tell individuals that they have the right to appeal from an adverse decision. If the authority does not comply, then this is a breach of the statutory procedure and may be reviewed as a procedural impropriety. This chapter discusses the judicial review of procedural impropriety. It covers the rules of natural justice; the right to be heard; legitimate expectation; the detailed requirements of natural justice; the rule against bias; and Article 6 of the European Convention on Human Rights.

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Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ridge v Baldwin [1964] AC 40, House of Lords. This case considered whether the process by which a Chief Constable was sacked amounted to procedural unfairness and breached the rules of natural justice. The document also includes supporting commentary from author Thomas Webb.

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Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ridge v Baldwin [1964] AC 40, House of Lords. This case considered whether the process by which a Chief Constable was sacked amounted to procedural unfairness and breached the rules of natural justice. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

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.

Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ridge v Baldwin [1964] AC 40, House of Lords. This case considered whether the process by which a Chief Constable was sacked amounted to procedural unfairness and breached the rules of natural justice. The document also includes supporting commentary from author Thomas Webb.

Chapter

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. A public authority must have the legal power to act; if that power is conferred by statute, it may also specify the procedure that must be used prior to an action or a decision being taken. This is what is known as a ‘statutory procedure’ because it is specified in a statute. The statute may, for example, require the authority to give notice of its intention to take action in a certain way, to consult interested groups, or to tell individuals that they have the right to appeal from an adverse decision. If the authority does not comply, then this is a breach of the statutory procedure and may be reviewed as a procedural impropriety. This chapter discusses the judicial review of procedural impropriety. It covers the rules of natural justice; the right to be heard; legitimate expectation; the detailed requirements of natural justice; the rule against bias; and Article 6 of the European Convention on Human Rights.

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This chapter also deals with, what Lord Diplock in GCHQ termed, procedural impropriety. It discusses the idea from the standpoint of the common law rules of fairness, also known as the rules of natural justice. The common law principles go back many centuries but Ridge v Baldwin is regarded as the starting point for any evaluation of the modern law. The subsequent case law reveals that the precise requirements of fairness change in accordance to the context, as explained in the decision in McInnes v Onslow-Fane. The chapter discusses in detail the requirements of a fair hearing and the rule against bias before moving on to consider the interaction between common law and the procedural protection now available under Article 6 of the ECHR since this became enforceable as part of UK domestic law under the Human Rights Act 1998. It traces areas in which the common law has evolved under the influence of the ECHR while also noting some limitations to the reach of the ECHR.

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Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. International law has no formal institutions that would create law, but several methods bring legal rules into existence and the precise content of legal rules can be identified in a number of ways. These are the sources of international law, which include those identified in Article 38 of the Statute of the International Court of Justice (ICJ). This chapter focuses on sources of international law, such as formal, material, and evidentiary sources. It also examines international treaties or conventions, customary law and its relationship with treaty law, soft law, and the general principles of law with an emphasis on natural law doctrines and the principles of equity. In addition, it looks at judicial decisions such as those rendered by the ICJ and other tribunals. Finally, the chapter discusses the resolutions and decisions of international organisations such as the United Nations General Assembly and the Security Council.

Chapter

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the grounds for judicial review. These include procedural impropriety, which means breach of the rules of natural justice, and failure to comply with statutory procedural requirements. This chapter looks at the definitional elements of the rules of natural justice, whether the rules of natural justice apply in principle, the extent to which the rules of natural justice apply, disciplinary hearings, licensing cases, pecuniary and personal bias, whether or not a fair trial has taken place, and the right to be given reasons for a decision. This chapter also considers legitimate expectation as a ground for judicial review.

Chapter

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the grounds for judicial review. These include procedural impropriety, which means breach of the rules of natural justice, and failure to comply with statutory procedural requirements. This chapter looks at the definitional elements of the rules of natural justice, whether the rules of natural justice apply in principle, the extent to which the rules of natural justice apply, disciplinary hearings, licensing cases, pecuniary and personal bias, whether or not a fair trial has taken place, and the right to be given reasons for a decision. This chapter also considers legitimate expectation as a ground for judicial review.