Judicial review essay
the High Court to ensure that public bodies do not act unlawfully. It must not be exercised in bad faith and it must not be so unreasonably exercised as to show that there cannot have been any real or genuine exercise of the discretion. As to the disproportionality argument, Lord Diplock generation essay himself stated that the categories of illegality, irrationality and procedural impropriety are not exhaustive. This normally refers to situations where the power exercised under statute or the royal prerogative is exercised by someone who has no authority to make the decision. The area of law in which this question is concerned is judicial review.
Furthermore, following R v Panel on Take-overs and Mergers, ex p Datafin plc (1987 the court should look to the nature of the functions the body performs, as well as its origins. This allows judicial review to be used in a civil or criminal case as a defence, and it often involves a particular decision being made ultra vires.
Bibliography Cases ccsu v The Minister for the Civil Service 1985 AC 374 R v Port of London Authority ex parte Kynoch 1919 1 KB 176 British Oxygen Co v Board of Trade 1971 AC 610 Associated Provincial Picture Houses Ltd v Wednesbury Corp 1948. This case proved that decision makers can act unreasonably and reach the wrong decision but they cant exercise their power so unreasonably that no other body would have reached that decision. Law Rubric, this decision was supported in Mercury Communications Ltd v DG of Telecommunications.
Therefore, as regards Y's claim that one of the teachers on the panel is biased because Y made a complaint against her, Y could no doubt argue that there is a real possibility that the trial was unfair due to bias. As long as Jack can satisfy the court that the functions of the tribunal are public law ones, he will most likely be granted permission to proceed with his claim. Kynoch, where it was held that an authority could not adopt a rigid policy which had the effect of ensuring that applications of a certain category would invariably be refused. It is established at common law that no such right exists. Secretary of State for the Home Department (2001) 2 AC 532 demonstrated how the traditional test of Wednesbury unreasonableness has moved towards the doctrine of necessity and proportionality. Another exception is the use of collateral challenge. On a positive test, there is provision for a hearing before the headmaster and three other teachers.
Judicial review essay
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