Zusammenfassung der Ressource
Judicial Review
- History, process, scope and
standing
- How the
process of
judicial
review differs
from action
in private law
- Why judicial
review is
important
- Which bodies are subject to
judicial review (scope)
- Who can bring an
action in judicial review
(standing)
- Ultra Vires and Executive
Discretion
- The concept
of ultra vires
- The difference
between an
authority acting
ultra vires, and
an authority
acting wrongly
- The jurisdiction of the
court where authorities
make errors of law and
errors of fact
- The application of the
principle of ultra vires
where authorities are
given discretion to act
- Unreasonableness,
Proportionality and HRA
1998
- Challenging the content of
decisions on the grounds of
unreasonableness
- The application of the HRA 1998
to administrative decision
making
- The operation of
the proportionality
test, with reference
to the HRA 1998 in
particular
- Substantive legitimate
expectations
- The concept of
legitimate
expectation
- The extent to which the
courts will recognise and
enforce substantive
legitimate expectations
- Procedural Rules of Executive
decision making
- The rules of natural justice:
the rule against bias, and the
right to a fair hearing
- The
recognition by
the courts of
procedural
legitimate
expectations
- The debates surrounding
whether there is a duty for
the administration to give
reasons for their decisions