Chapter 16 Self-test questions

. There is no single coherent institutional structure of administrative justice equivalent to the systems of civil or criminal justice that are focused on the civil and criminal courts.

True

False

. Which body replaced the Administrative Justice and Tribunals Council (AJTC) after its abolition in 2013?

The Tribunal and Ombudsman Committee

The Quango Committee

The Administrative Justice Forum

. Which of the following statements accurately reflect one of the aims of the UK government's administrative justice strategy in 2004?

To try and help people avoid problems and legal disputes in the first place.

To ensure legal remedies are always available.

To limit the availability of dispute resolving mechanisms.

. In R (Cart) v Upper Tribunal [2011] UKSC 28, what were the main features of tribunals mentioned by Lady Hale? Please select all that apply.

They are set up by statute to administer complex and rapidly changing areas of the law.

They are less important than courts.

Their members are expected to have relevant expertise or experience in the subject.

Their procedures are tailored to the subject matter of the dispute and they are not bound by the technical rules of evidence.

. A former Lord Chief Justice has argued that 'administrative' tribunals could subvert the rule of law.

True

False

. What were the main three outcomes of the Franks Committee report according to the Scottish Consumer Council? Please select all that apply.

It encouraged the judicialisation of tribunals.

It promoted the idea that tribunals were more user-friendly than courts.

It did not restrain the proliferation of tribunals.

It prevented tribunals from being held in public.

. Why is there said to be a tension between the values of constitutionalism and those of proportionate dispute resolution (PDR) over administrative justice?

Constitutionalism is rooted in the rule of law and in contrast PDR is motivated by pragmatic considerations which do not have the same level of respect for the rule of law.

Constitutionalism dictates that all disputes involving public bodies must be settled by the courts, whereas PDR attempts to take disputes away from the courts.

Constitutionalism values efficiency, in contrast PDR attempts to promote the values of the rule of law.

. At the heart of the HMCTS digitalisation agenda is improving access to justice.

True

False

. In some respects, the powers of the Parliamentary Ombudsman are significantly greater than those of courts.

True

False

. Which three factors does Richard Kirkham argue are relevant to the assessment of the weakness of the PO's powers to enforce recommendations? Please select all that apply.

The vast majority of the recommendations and findings of the PO are respected.

A lack of powers to enforce findings is a defining feature of the ombudsmen practice.

The working practices of the PO do not satisfy the requirements of Article 6 of the ECHR. If it were to possess powers of legal enforcement it would have to adapt its practices and would lose many of its advantages.

Most ombudsmen in other countries rely on binding legal recommendations.

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