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Chapter 15 Self-test questions
The effectiveness and impact of judicial review
Quiz Content
*
not completed
During the 20
th
century the influence and strength of judicial review expanded considerably.
True
correct
incorrect
False
correct
incorrect
*
not completed
Nowadays, the majority of judicial review cases are planning appeals.
True
correct
incorrect
False
correct
incorrect
*
not completed
What caused a significant drop-off in the number of immigration-related cases reaching the High Court in 2013?
The government adopted a more liberal immigration policy, resulting in fewer challenges.
correct
incorrect
Immigration cases were instead channelled into a specialist tribunal.
correct
incorrect
Strict rules relating to time limits and standing were introduced at this time.
correct
incorrect
Immigration cases were instead dealt with by the Court of Appeal.
correct
incorrect
*
not completed
Between 2013 and 2015, the Conservative-led government introduced a number of changes to the judicial review process in order to deter unmeritorious claims. Which of the following are examples of such changes? Select
all
that apply.
The time limit for lodging planning appeals was reduced from 3 months to 6 weeks.
correct
incorrect
Judicial review applications relating to immigration could not be lodged unless they satisfied a new public interest requirement.
correct
incorrect
Legal aid was restricted to those cases which were successful at the initial permission stage.
correct
incorrect
Fees were introduced for certain oral hearings.
correct
incorrect
*
not completed
Many judicial review cases are settled by the parties before final determination by a court. Why might parties – especially the public body – do this? Select
all
that apply.
To achieve a quicker resolution.
correct
incorrect
To achieve a cheaper resolution.
correct
incorrect
To neutralise potential negative press resulting from an adverse judicial determination.
correct
incorrect
To avoid the anxiety of speaking before a judge.
correct
incorrect
*
not completed
The House of Lords decision in the case of
Bromley London Borough Council v Greater London Council
(the
Bromley
case) has been criticised for a number of reasons. Which of the following statements describe a tenable criticism of that case? Select
all
that apply.
The Law Lords took too long to hand down a judgment in the case.
correct
incorrect
The Law Lords were unduly influenced by the policy's status as a manifesto commitment.
correct
incorrect
The Law Lords' judgments, each placing emphasis on different aspects of the policy being reviewed, were convoluted and incoherent.
correct
incorrect
The Law Lords failed to take into account the social impact of the Greater London Council's policy.
correct
incorrect
*
not completed
Judges have recognised that they are more institutionally equipped to deal with certain issues rather than others. In which of the following areas have the courts shown a reluctance to intervene? Select
all
that apply.
Decisions involving macro-economic policy
correct
incorrect
Decisions which require the allocation of significant resources
correct
incorrect
Decisions affecting foreign policy
correct
incorrect
Decisions affecting criminal procedure
correct
incorrect
*
not completed
On occasion a claimant will seek judicial review of a decision which affects a wide number of other parties, interlocking substantive issues, and may have complex repercussions. These sorts of decisions are said to involve ________ issues, and the courts have traditionally shown a level of deference to decision-makers in challenges levelled against them.
Your response
*
not completed
If a court judicially reviews a decision, and finds that the public body did not take into account all relevant considerations, that public body cannot then reach that same outcome when re-making the decision.
True
correct
incorrect
False
correct
incorrect
*
not completed
Why did the decision of the Supreme Court in
Osborn
have major resource implications for the Parole Board?
The claimant was awarded compensation of £5m.
correct
incorrect
The legal fees for the case were very expensive.
correct
incorrect
The judgment caused the Parole Board to change its policy over oral hearings, which are more costly than paper hearings.
correct
incorrect
The Parole Board was shut down.
correct
incorrect
*
not completed
The Court of Appeal's judgment in the case of
FP (Iran)
produced a swift and satisfactory response from the government. The Court in that case identified defects with the fairness of an immigration hearing procedure, and the government responded by installing new rules to remedy them.
True
correct
incorrect
False
correct
incorrect
*
not completed
In the
Burmah Oil
case the House of Lords held that a company, the property of which had been destroyed by British armed forces during the Second World War, and which had therefore suffered substantial losses, was able to sue for compensation. How did the British government react?
The government introduced legislation into Parliament that retrospectively nullified the effect of the decision.
correct
incorrect
The government accepted the court's decision and allowed all those that had suffered property damage in the Second World War to claim compensation.
correct
incorrect
The government decided to create a new policy which allowed every person that had suffered in any way to claim compensation for the damage caused by the acts of state during the Second World War.
correct
incorrect
The government accepted the court's decision but settled the case before final determination, avoiding political embarrassment.
correct
incorrect
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