Chapter 18 Self-test questions

. Match the ground of review to the description offered by Lord Diplock in Council of Civil Service 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.

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

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.

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

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

. The judgment in Wednesbury established a high threshold to find that an administrative decision was unreasonable.

True

False

. 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.

. 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.

. What are the limits of the discretion afforded to public bodies? Please select all that apply.

Decisions made after considering irrelevant factors are unlawful.

Decisions where power is exercises for improper purposes are unlawful.

Decisions made in a procedurally improper manner are unlawful.

Decisions made contrary to legitimate expectations are unlawful.

. 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.

Fair procedures prevent the injustice that subjects of decisions would feel in case of unfairness.

Fair procedures ensure that decision-makers always make the correct decision.

Fair procedures uphold the rule of law.

. The courts only accept claims about legitimate expectations where they concern the procedure used by public authorities. They do not accept claims about legitimate expectations where they concern the substance since this impedes their discretion.

True

False

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