Chapter 15 Multiple-choice questions

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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 incorrect

it requires the claimant to have sufficient interest in the subject matter of the claim. correct incorrect

it restricts the range of public bodies that can be subject to judicial review. correct incorrect

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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 incorrect

the monopoly power test. correct incorrect

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