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Chapter 15 Self-test questions
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Chapter 15 Self-test questions
Introduction to Judicial review
Quiz Content
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Where public bodies overreach themselves by acting unlawfully, the judicial review process: Please select all that apply.
allows individuals to hold public bodies to account in the courts.
correct
incorrect
ensures that governmental and public powers are lawfully exercised.
correct
incorrect
maintains the rule of law by helping to protect the public from the arbitrary or unreasonable exercise of government power.
correct
incorrect
allows unelected judges to intervene in executive decision-making.
correct
incorrect
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In judicial review cases, the court may substitute its own decision for that of the public body.
True
correct
incorrect
False
correct
incorrect
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The courts may not judicially review secondary legislation or legislation from the devolved administrations.
True
correct
incorrect
False
correct
incorrect
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Red light theory holds that: Please select all that apply.
Law is superior to politics.
correct
incorrect
Government is subject to the law and there must be limits on its power.
correct
incorrect
Government power should not be limited by Parliament and the courts.
correct
incorrect
Administrative Law should subject public bodies to legal and judicial control to stop excesses of state power.
correct
incorrect
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Ouster clauses are controversial because: Please select all that apply.
they are rarely effective.
correct
incorrect
they exclude the right to go to court for redress.
correct
incorrect
they exclude the power of the courts to correct legal errors
correct
incorrect
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The importance of the Datafin test is that:
it extends the reach of judicial review to private bodies exercising functions that are public in nature.
correct
incorrect
it requires a body's power to derive from statute or the prerogative.
correct
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it requires the claimant to have sufficient interest in the subject matter of the claim.
correct
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it restricts the range of public bodies that can be subject to judicial review.
correct
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To determine whether a function is public, the courts may also apply: Please select all that apply.
the 'statutory underpinning' test.
correct
incorrect
the 'but for' test.
correct
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the monopoly power test.
correct
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the proportionality test.
correct
incorrect
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The courts will not recognise the standing of public spirited citizens without any direct interest in the public body's breach.
True
correct
incorrect
False
correct
incorrect
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At permission stage in a judicial review claim, the claimant:
must satisfy the court that a ground for judicial review applies with a high probability of success.
correct
incorrect
must show an arguable ground for judicial review having a realistic prospect of success.
correct
incorrect
can be excused from seeking permission in certain cases.
correct
incorrect
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