⇒ Administrative law is about the public administration of life, in the sense that the state regulates what we do
⇒ It is mainly about principles or notions of good governance, fairness, accountability, transparency, the rule of law, parliamentary sovereignty, legality, and comity or respect for public office
⇒ Administrative law comprises both court-based and ‘other’ practices
⇒ By ‘court-based’ practices, we are invariably speaking of judicial review
⇒ By ‘other’ practices there are administrative tribunals and ombudsmen (there are more, but these are of greatest significance)
⇒ That said, judicial review is the main topic of administrative law as it is a cause of action which is particularly constitutionally significant
⇒ Also, historically speaking, judicial review has dominated the domain of administrative law and has had its remit extended by the courts massively in the last 50 years
⇒ But, that is not to say we should not be critical of judicial review’s prevalence
⇒ Judicial review is carried out by the High Court – specifically, the Administrative Court which is part of the Queen’s Bench Division of the High Court
⇒ This is a senior court hearing claims in judicial review at first instance.
⇒ The High Court has an ‘inherent jurisdiction’ i.e. its powers are inherent to it and are not contingent on another source e.g. statute (although statute may seek to limit the court’s powers)
⇒ Any public body may be judicially reviewed, except:
⇒ Some bodies which are not public bodies (or not bodies at all) but who carry out function that are public in nature may also be amenable to judicial review
⇒ Thus, in practice, this means the following legal persons are routinely judicially reviewed (i.e. these people are regular defendants in administrative law):
FOOL-PROOF methods of obtaining top grades
SECRETS your professors won't tell you and your peers don't know
INSIDER TIPS and tricks so you can spend less time studying and land the perfect job
We work really hard to provide you with incredible law notes for free...
The proceeds of this eBook helps us to run the site and keep the service FREE!
⇒ Only those with standing can bring a claim in judicial review
⇒ This will be explored further as a separate topic, but for now only those persons who have been affected by a decision of a public body (plus some other interested persons) may be granted ‘permission’ or ‘leave’ for judicial review.
⇒ The Court has discretion to grant the following forms of relief:
⇒ In the GCHQ case, Lord Diplock famously – and rather conveniently – collated a large sample of judicial review cases and placed them under three headings of ‘grounds’ for review:
⇒ These grounds suggest that it is not open to the court to ‘review’ the decisions, acts or omissions of public bodies because the court disagrees with that public body’s decision
⇒ The last thing the court wants to do is to remake decisions of a whole host of public bodies
⇒ Since the Human Rights Act 1998 (HRA) came into force the field of administrative law has been extended
⇒ The ensuing picture is that the court has limited its own ability to review the decisions of public bodies since the grounds for review tend to point more towards the legality of decision making rather than the ‘merits’ of the decision
⇒ So, to reiterate, the courts will interfere when a public body has acted:
⇒ However, even when the court is satisfied that there are grounds for review, the court exercises its discretion as to what remedy it should make available
⇒ Consequently, the court may decide that even though there are valid grounds for interfering with a decision, no remedy will be awarded
⇒ Or, if the court does decide to act, it will likely quash the decision, requiring the public body and not the court to remake the decision
⇒ To make matters somewhat more complex, the Administrative Court - once satisfied that the claimant has standing, that there are grounds for review, and that there is a prospect of awarding some remedy - does not apply one ‘standard’ by which (for example) the public body must act reasonably, or with procedural fairness.
⇒ The intensity of review (by the court of the public bodies decision) may be stronger where:
⇒ The intensity of review may be weaker where:
⇒ Cases are brought in the name of the Crown on the application of the claimant – this is how you identify administrative law cases
⇒ There is an incredibly short limitation period of three months for most types of claim i.e. a claim must usually be brought within three months of the public bodies decision, act or omission
⇒ Permission to proceed is required from the court before full proceedings can take place.
⇒ Cases start at the High Court. Appeal lies to the Court of Appeal, then Supreme Court, on points of law.
⇒ Perhaps the two most successful alternatives to redressing maladministration and poor governance has been ombudsmen and administrative tribunals.
⇒ Ombudsmen are empowered by statute to pursue complaints (or to initiate their own investigations) in relations to maladministration.
⇒ Tribunals are empowered by statute to hear appeals against the decisions of public bodies
Learn how to effortlessly land vacation schemes, training contracts, and pupillages by making your law applications awesome. This eBook is constructed by lawyers and recruiters from the world's leading law firms and barristers' chambers.
✅ 60+ page eBook
✅ Research Methods, Success Secrets, Tips, Tricks, and more!
✅ Help keep Digestible Notes FREE