Public Law - The Procedural Grounds of Judicial Review
- Created by: Alasdair
- Created on: 18-11-20 18:05
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- 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.
- on which a decision's validity, are found in statutes which confer the decision making powers.
- 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.'
- Lord Russell, in Fairmount Investments Ltd v Secretary of State for the Environment
- 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
- Substantive Grounds & Procedural Grounds
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