Judicial review II Flashcards
What case marked a shift towards a more flexible approach to fairness requirements in judicial review?
Ridge v Baldwin [1964] marked a shift towards a more flexible approach to fairness requirements, emphasizing the need for fairness in administrative decisions.
Which case underscored the importance of oral hearings for fairness in parole board decisions?
Osborn v Parole Board [2013] underscored the importance of oral hearings for fairness in parole board decisions, highlighting procedural norms for a fair hearing.
What entails various procedural norms for a fair hearing?
Procedural norms for a fair hearing include proper notice, availability of relevant information, consultation, oral hearings, and legal representation.
How did Lord Mustill in Doody [1994] describe the requirements for fairness?
Lord Mustill emphasised that fairness often requires the opportunity to make representations and to be informed of the case to answer, reflecting the intensity of review needed.
What emphasized the need for proper consultation on public policy decisions?
R (Moseley) v London Borough of Haringey [2014] emphasized the need for proper consultation, highlighting the importance of involving affected parties in decision-making processes.
How is the duty to give reasons important in administrative decisions?
The duty to give reasons, while not universally mandated, is increasingly demanded by courts to ensure decisions are rational and transparent, aiding in accountability and fairness.
What landmark case marked the importance of oral hearings for fairness?
Osborn v Parole Board [2013] underscored the importance of oral hearings in certain contexts, such as parole board decisions, for ensuring procedural fairness.
What test established the criteria for apparent bias in decision-making? (Which case?)
Porter v Magill [2002] established the test for apparent bias, indicating that decisions must not only be unbiased but also appear to be so to a fair-minded observer.
How does the application of bias principles vary?
The application of bias principles varies with the nature of the decision-making process, as seen in R v Secretary of State for the Environment ex p Kirkstall Valley Campaign Ltd [1996], indicating that context significantly influences the assessment of impartiality.
