Flashcards in Exam Pointers - Judicial Review Deck (8)
If you see words from the statute in the question...
it could give rise to errors of law or fact or procedural ultra vires..
If the decision is made by a group, different to the one the Act stipulates..
Investigate the rule against delegation
If guidelines or policy are mentioned...
- fettering of discretion i.e. has policy been applied too rigidly,
- improper purpose,
- relevant/irr considerations
If two or more reasons for a decision are given..
o irrel considerations,
o improper or unauthorised purpose and
o dual purposes.
When a bye-law is mentioned...
....remember you can’t argue procedural fairness/natural justice. Where the decision maker is performing a legislative function (i.e. making bye –laws) then the rules of natural justice do not apply.
Where there is an absence of reasons or relevant consider/Irrrelevant consider...
Does the right to a fair hearing apply even though statute is silent?
Yes. The fair hearing rule can apply where a statute is silent as to procedure.
It requires that a person affected by a decision should have a fair chance to put his case.