This paper looks at the implications of the ex parte World Development Movement case on the development of locus standi law for judicial review in the UK.
The paper reviews the arguments about the scope of administrative law and the implications of discretionary power, the actions of public authorities, the role of the judiciary, etc.
The paper examines the nature, functions and procedures of administrative tribunals (AT) identifying the reasons for their establishment, outlining AT advantages and disadvantages, describing their types, arbitration, etc. The future development of the UK tribunal system is discussed.
The paper examines courts’ supervision over the operation of public functions focusing on unlawful decisions of public bodies and outlining the principles under which the exercise of power may be considered illegal. The areas of judicial review are examined providing examples of court cases.
This paper examines the different types of delegated legislation along with the Judicial Review function of the state in context with a case study. Included are references to leading cases with a full bibliography included.
This is the answer to the hypothetical case where the author examines grounds for judicial review that are applicable, namely that of the 'procedural impropriety' in relation to bias. Consideration is given to the rules and principles established though the case law on common law bias. In the second part of the answer, the author discusses grounds for judicial review under the Human Rights Act 1998 considering the tests that are required to be satisfied by the applicant before his case would be reviewed under Human Rights Act 1998. Such rules and principles are applied to the problem accordingly.
This is a short answer question to the hypothetical case that requires application of the law relating to grounds for judicial review, in particular that of legitimate expectation. The answer is presented through consideration of the relevant case law and applicable principles. The issue of fundamental human rights are also considered.
This is a very short case analysis with the particular reference to the decision of one of the Lords involved. It outlines the possible reasons as to why such a decision was adopted.
Conclusion: In conclusion it is fair to say that in relation to the administrative proceedings themselves, the separation between public and private laws and bodies is important only in as much as, it is useful to keep the whole process of judicial review neater and faster. The division is more important for those who, like Dicey, oppose 'rigid distinction' and those, Lord Diplock, support it. The Courts are meanwhile struggling in determining whether the body is private or public because, as the case law shows, it is very difficult to apply a what seems to be at first an easy test of 'analogous powers to that of the governmental body'.
The function of judicial review is to assess whether or not a public body is acting intra vires or ultra vires and how effectively the laws of natural justice were applied to the decision. The combining of the Human Rights Act 1988 into common law, instruct that the courts must safeguard that conventional rights are not being dishonoured by public writerities by guaranteeing that Acts of parliament have been judiciously interpreted, and that the discretion awarded by statute has been lawfully applied with fairness incorporating the Rule of law, constitutional rights and the separation of powers.
If you are ever dissatisfied with the services we
provide, we will try our very best to put the matter right. However, due to the nature of the products that are offered for
sale on this website, we have strict"no refund" policy.
All papers are for research and reference
purposes only! Copyright 2002-2008 Papers4You.Com All Rights Reserved.
Papers For You; Mile End Rd; London E1 4AQ UK