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Chapter 12 Self-test questions
Judicial review - an introduction
Quiz Content
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not completed
Judicial review allows a court to examine whether a decision-maker, in exercising their discretion to choose between a range of options, made the best decision in practice.
True
correct
incorrect
False
correct
incorrect
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not completed
There are several reasons which explain why the courts are, in general, prepared to accept that their powers of judicial review are limited to 'review' powers rather than 'appeal' powers. Which of the following are the weightiest considerations? Select
all
that apply.
The courts lack the required expertise to make decisions.
correct
incorrect
The judiciary is independent.
correct
incorrect
There are concerns over democratic legitimacy.
correct
incorrect
The executive is 'above' the law.
correct
incorrect
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not completed
Which of the following are mechanisms by which decisions of public bodies and institutions can be challenged and reviewed, and which form part of that which has come to be known as 'administrative law'?
Judicial review
correct
incorrect
Tribunals
correct
incorrect
Ombudsmen
correct
incorrect
Criminal prosecutions
correct
incorrect
*
not completed
Why has there been a perceived need for greater executive accountability in recent times (whether by the courts or otherwise)?
The government has taken responsibility for many areas of public life, and makes many decisions which affect individuals.
correct
incorrect
Political accountability over the actions of the government has weakened or has become less effective over time.
correct
incorrect
The government is now perceived to be less trustworthy.
correct
incorrect
Individuals are now unable to look after themselves and feel entitled to protection from other sources.
correct
incorrect
*
not completed
The advent of judicial review has been endorsed by almost all scholars and critics, political constitutionalists and legal constitutionalists alike.
True
correct
incorrect
False
correct
incorrect
*
not completed
As well as demarcating the relationship between the individual and the state, judicial review can also effectively operate to demarcate the relationship between different 'layers' of the UK constitution.
True
correct
incorrect
False
correct
incorrect
*
not completed
One theory of judicial review stipulates that, by reviewing the actions of public bodies, the judges are effectively enforcing and policing the purview of powers granted by Parliament and ensuring that the government does not act in a way which falls outside of this. What is the name of this theory?
The contra proferentem doctrine
correct
incorrect
The ultra vires doctrine
correct
incorrect
The common law theory
correct
incorrect
The constitutional theory
correct
incorrect
*
not completed
One of the most significant problems with the ultra vires doctrine is that, on the face of it, it is difficult to find instances of the grounds of judicial review, or the authority of courts to conduct it, in any statutory text. How have defenders of the theory sought to defend it in light of this criticism? Select
all
that apply.
Parliamentary authorisation is not explicit in any statutory document, but can still be found by implication. Judicial review is a manifestation of these implied grounds.
correct
incorrect
Parliament has not explicitly legislated to prohibit judicial review. Therefore it can be taken to have impliedly authorised judicial review in practice.
correct
incorrect
Parliament can be taken as intending that its statutory powers be exercised in conformity with the rule of law. Judicial review is a manifestation of this intention.
correct
incorrect
Judges are uniquely qualified to examine statutory texts, so we should presume that they have identified a statutory justification for judicial review, even if we are unaware of exactly where this comes from.
correct
incorrect
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What is so 'radical' about the radical view of judicial review espoused by those such as Trevor Allan?
He disputes that judicial review really exists.
correct
incorrect
He disputes that courts are really able to invalidate actions of the executive.
correct
incorrect
He disputes that the common law is of any use.
correct
incorrect
He disputes that Parliament is able to act without constraint.
correct
incorrect
*
not completed
In the
Privacy International
case, each of the seven sitting judges suggested that it would be open to the courts to decide whether Parliament could effectively implement a total ouster of judicial review.
True
correct
incorrect
False
correct
incorrect
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