Public Law - The Procedural Grounds of Judicial Review

  • Created by: Alasdair
  • Created on: 18-11-20 18:05
View mindmap
  • 4. The Procedural Grounds of Judicial Review
    • Substantive Grounds & Procedural Grounds
      • on which a decision's validity, are found in statutes which confer the decision making powers.
        • to breach such requirements is said to be 'procedurally ultra vires'
      • other requirements are derived from common law rules of natural justice or doctrine of 'procedural fairness'
      • Procedures should be open to challenge
        • because claimant needs to know that their case was handled fairly, quite apart from whether decision affecting him was right or wrong.
    • Procedural Fairness - the Rules of Natural Justice
      • Development of rules of natural justice led to some controversy
      • Natural justice  are common law rules
        • created by judiciary, an unelected body.
      • Legal doctrine of Parliamentary supremacy requires it should be legislature, rather than judiciary, that makes law
      • Rules of natural justice, have, however, become accepted part of administrative law
        • Lord Russell, in Fairmount Investments Ltd v Secretary of State for the Environment
          • 'It is to be implied, unless the contrary appears, that Parliament does not authorise by the statute the exercise of powers in breach of the rules of natural justice and that Parliament does - require compliance with those principles.'
      • Two rules of natural justice
        • rule against bias (which provides that a decision-maker should have no personal interest in outcome of his decision)
        • the right to a fair hearing


No comments have yet been made

Similar Law resources:

See all Law resources »See all Public Law resources »