Chapter 19 Multiple choice questions

. Judicial review is the process by which the ________ of the exercise of public functions may be challenged in the United Kingdom.

. Which of the following are arguments that can be made in a claim for judicial review? Please select all that apply.

The terms of legislation have not been complied with.

The requirements of the common law have not been followed.

There has been a breach of s.6 of the Human Rights Act 1998.

There has been a breach of a requirement imposed by European Union legislation of the case law of the ECJ.

. Which of the following statements accurately describe the significance of Liversidge v Anderson [1942]? Please select all that apply.

The majority of the House of Lords decided it could not review the legality of a detention under a statutory power.

The majority of the House of Lords agreed with Lord Atkin and held that the detention was illegal.

The majority opinion highlighted the extent to which the judiciary will defer to the executive in times of national emergency.

The majority opinion highlighted the extent to which the judiciary will resist deferring to the executive in times of national emergency.

. Match the name of the case to the relevant summary of the judgment.

The principles of natural justice apply to a wide range of government decisions and not just to decisions of a 'judicial' character.

.

Whenever an Act of Parliament confers discretion on a minister, it must always be used to further the policy and objects of the Act. The courts and not ministers are the final arbiters of how an Act of Parliament should be interpreted.

.

The jurisdiction of the courts to review decisions of public bodies cannot be ousted by Parliament without the clearest words.

. The substantial increase in the number of judicial review claims in recent years has largely been because of the number of immigration cases being pursued by way of judicial review.

True

False

. Match the author to their statement on the foundations of judicial review.

Modern developments in administrative law 'are categorically, judicial creations. They owe neither their existence nor their acceptance to the will of the legislature. They have nothing to do with the intention of the legislature, save as a fig leaf to cover their true origins.'

.

'The notion that judicial review rests on a set of constitutional foundations, rather than a single foundation… judicial review's legitimacy is secured… by the rich set of constitutional principles most notably the rule of law, separation of powers and the sovereignty of Parliament- on which the constitution is founded. It is on the interaction of those fundamentals… that the justification for judicial review is to be found.'

.

'No one is so innocent to suppose that judicial creativity does not form the grounds of judicial review; but by adhering to the doctrine of ultra vires the judiciary shows that it adheres to its proper constitutional position and that it recognises that Parliament is free to dispense with the judicially developed principles of judicial review.'

.

'The fact that the legislature could ultimately limit review, given the traditional notions of sovereignty, does not mean that the institution of review has to be legitimised by reference to legislative intent in the absence of any such limit being imposed.'

. If a claimant succeeds in a claim for judicial review, they are guaranteed that the decision maker will have to make a different decision to that which was originally challenged.

True

False

. In England and Wales, and in Northern Ireland, the judicial review procedure consists of ___ basic stages.

. Which of the following statements represents the test for whether a body's decision can be challenged by judicial review using the traditional grounds (not using the HRA 1998)?

It is a two-stage test. First, if the powers of the body in question are sourced from the statute or the prerogative, the decision will normally be reviewable. If they are contractual, it will not normally be reviewable (this is the sources part of the test). Second, if the source of power cannot be identified, then the question is: does the body in question exercise 'public functions'?

It is a two-stage test. First, is the body a 'core' public authority, for example a local authority? If they are on a list of core authorities, they are reviewable. If not on the list, do they make a profit? If they do not, then they are subject to review.

It is a simple test. Is the body legally part of the UK state?

It is a simple test. Does the body have the Royal Seal?

. Which of the following statements represents the dominant approach of the courts to the question of standing in judicial review?

'It would, in my view, be a grave lacuna in our system of public law if a pressure group, like the federation, or even a single public-spirited taxpayer, were prevented by outdated technical rules of locus standi from bringing the matter to the attention of court to vindicate the rule of law and get the unlawful conduct stopped.'

'One taxpayer has no sufficient interest in asking the court to investigate the tax affairs of another taxpayer or to complain that the latter has been under-assessed… an aggregate of individuals each of who has no interest cannot of itself have interest.'

'The court will only entertain a claim from an individual that has been financially, physically or mentally injured by the action of the public body in question.'

. Match the ground of review to the description offered by Lord Diplock in Council of Civil Services Unions v Minister for the Civil Service [1985] AC 374.

The decision maker must understand correctly the law that regulates his decision-making power and must give effect to it.

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It applies to a decision so outrageous in its defiance of logic or of accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at it.

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Covers both the rules of natural justice and procedural rules laid down by legislation.

. 'The duties imposed upon ministers and the powers given to ministers are normally exercised under the authority of the ministers by responsible officials of the department. Public business could not be carried on if that were not the case. Constitutionally, the decision of such an official is, of course the decision of the ________.'

. Public bodies cannot fetter their discretion. This means that they cannot depart from a policy that the body has committed to. After a policy is formulated and declared it must be followed.

True

False

. Which of the following statements best captures the legal principle enunciated by Lord Reid in Padfield?

When Parliament confers a discretion upon a minister for particular purpose, he can only frustrate that purpose if he presents convincing reasons explaining his decision. If he deems that other considerations were more relevant than those of the statutory purpose then the minister is acting legally.

When Parliament confers a discretion upon a minister for a particular purpose, the minister cannot use that discretion in order to frustrate the policy objectives of the purpose of the relevant statute. Further, a decision maker cannot take into account considerations which are irrelevant to the purposes of the statute.

When a statute establishes a complaint mechanism, the minister must delegate the discretion given to him by statute to an independent body that will not take into account political considerations.

. Which of the following statements accurately reflect Jowell and Lester's criticisms of Wednesbury unreasonableness? Please select all that apply.

It is inadequate.

It is undemocratic.

It is unrealistic.

It is confusing.

. In R v Secretary of State for the Home Department ex parte Daly [2001] UKHL 26 Lord Steyn stated that the proportionality test has three elements. Which of the following elements form part of the test? Please select all that apply.

Is the legislative objective sufficiently important to justify limiting a fundamental right?

The means used to impair the right or freedom are no more than is necessary to accomplish the objective.

The deprivation of the right must be rational.

Was the policy in question effective?

. The expression 'natural justice' only refers to the requirement that those adversely affected by decisions should be given a fair hearing at which they can present their side of the case.

True

False

. Which of the following statements best describe Lord Reed's explanation in Osborn v The Parole Board [2013] UKSC 61 of why fair procedures are important? Please select all that apply.

The avoidance of fair procedures will foster a sense of injustice for the person who is the subject of the decision

So decision-makers can always make the correct decision

The rule of law

. It is now accepted that ___________ legitimate expectation may be generated by public authorities and that those must be respected, unless there is some overriding public interest in allowing the public body to go back on its word or conduct. Whether or not a legitimate expectation has arisen is for the court to decide; it is not a matter of what a claimant may have subjectively expected or for what he or she may have hoped.

. The House of Lords case Anisminic v Foreign Compensation Commission [1969] 2 AC 147 establishes that Parliament cannot exclude judicial review.

True

False

. Which of the following statements best describes the view Lord Carnwath in R (Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22?

The Investigatory Powers Tribunal essentially exercises a power of judicial review which would otherwise be exercised by the High Court.

The Investigatory Powers Tribunal is a specialist tribunal, and therefore is better equipped to handle particular complaints, rendering judicial review unnecessary.

If Parliament wished to exclude judicial review, they should do so with the most clear and explicit words, and it is not for the Court to stretch the words used beyond their natural meaning.

Due to national security from, it is understandable that judicial review is excluded as it would require sensitive information to be heard in public.

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