Chapter 17 Self-test questions

. 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 factors impacted the confidence of judges in the first half of the twentieth century to assert legal principles against government authorities? Please select all that apply.

The two World Wars created a legal-political climate that encouraged judicial deference to the executive that was preoccupied with war efforts.

This period saw an extension of the franchise which increased the democratic legitimacy of Parliament and government.

This period also saw the rise of a welfare state which expanded the role and powers of the executive.

. 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.

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

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.

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

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

. 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.'

. 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

. The competing views about the constitutional basis of judicial review are rooted in parliamentary supremacy and the rule of law.

True

False

. In Jackson v Her Majesty's Attorney General [2005] UKHL 56, Lord Steyn suggested that judicial review is an inherent jurisdiction emanating from the common law.

True

False

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