Chapter 16 Multiple-choice questions

. In judicial review cases, the courts abstain from 'merits review'. This means that they do not question whether the decision itself was right or wrong.

True

False

. Which ground below is not one of the three traditional grounds of judicial review set out by Lord Diplock in the GCHQ case?

Illegality

Irrationality

Procedural impropriety

Proportionality

. If a public body's decision is ultra vires, it will be unlawful and void.

True

False

. Padfield v Minister of Agriculture was a landmark judicial review case because it held that: Please select all that apply.

an error of law means that a public body is acting outside its jurisdiction.

public bodies have a duty to act fairly in administrative decision-making.

public bodies must not act unreasonably.

the courts have scope to review the exercise of discretionary powers by public bodies.

. The requirement not to fetter its discretion means that a public body must not develop any policies.

True

False

. There is a high threshold of unreasonableness for irrationality because:

the courts are unwilling to scrutinise irrational decisions.

judicial review is a supervisory, not appellate, process.

the court can substitute its own idea of what is reasonable.

public bodies must exercise their powers reasonably.

. Which statements below accurately describe the courts' application of the irrationality ground of judicial review? Please select all that apply.

The courts consider the weight and balance given to different interests by the primary decision maker.

The courts have developed a sliding scale for irrationality known as the intensity of review.

'Low intensity review' is applied in cases involving breaches of fundamental rights.

'Anxious scrutiny' is applied to decisions by ministers involving political judgment.

. Procedural impropriety: Please select all that apply.

promotes procedural fairness in decision-making by public bodies.

applies where the decision maker has made an unfair decision.

applies where the decision maker has acted unfairly by not following the correct procedures.

requires unfairness that crosses the threshold of being an excess or abuse of power.

. Public bodies have no legal duty to act fairly where they have made a promise leading an individual to expect a benefit or advantage.

True

False

. The case of Ridge v Baldwin required all public bodies to follow fair procedures.

True

False

. The grounds of irrationality and proportionality:

are completely distinct.

considerably overlap.

are exactly the same.

have a few similarities but considerable differences.

Quiz Content