Chapter 19 Self-test questions

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. Even those who argue that the purpose of judicial review is to serve parliamentary intentions agree that judicial review is an inherent jurisdiction emanating from the common law.

True correct incorrect

False correct incorrect

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. Judicial review is a common law jurisdiction. This means that the existence of judicial review as well as rights of appeal do not depend on whether or not Parliament thinks these should be recognised.

True correct incorrect

False correct incorrect

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

True correct incorrect

False correct incorrect

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. Per Cart [2011] UKSC 28, non-appealable decisions of the Upper Tribunal are amenable to judicial review.

True correct incorrect

False correct incorrect

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. 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. correct incorrect

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

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. correct incorrect

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

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. Lord Carnwath in R (Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22 stated that the judiciary should have the final say on the extent to which a statutory clause which purports wholly to exclude the supervisory jurisdiction of the courts should be upheld.

True correct incorrect

False correct incorrect

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. What does Young say about the Calling and Dissolution of Parliament Act 2022 which contains provisions that are intended to prevent judicial review of decisions to dissolve and call a new Parliament? Please select all that apply.

As in Privacy International, the court may find that the wording of the provision is not clear enough to remove exclude judicial review. correct incorrect

The court may find that the provision excludes jurisdictional errors of fact but not those of law. correct incorrect

The courts are likely to interpret this provision narrowly since they are subject to the principle of legality which includes the rule of law. correct incorrect

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. Executive entrapment of judicial review only works if the government ends up winning its case in court such that its decision or policy is not struck down as unlawful.

True correct incorrect

False correct incorrect

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. Which of the following are aims of judicial review? Please select all that apply.

Holding the government to account. correct incorrect

Preventing government from running smoothly. correct incorrect

Providing just results in individual cases. correct incorrect

Improving the quality of public administration. correct incorrect

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. Local authorities tend not to implement judicial review decisions.

True correct incorrect

False correct incorrect