judicial review -procedural fairness Flashcards
(14 cards)
What is the focus of substantive justice in administrative law?
Ensuring that decisions stay within the scope of legally conferred powers.
What is the focus of procedural justice?
Ensuring fair processes, allowing individuals a fair chance to influence the decision and protecting integrity.
What principle was established in Cooper v Wandsworth Board of Works (1863)?
The right to be heard applies even if not provided for in statute – procedural fairness is essential.
What did Board of Education v Rice (1911) contribute to procedural fairness?
The audi alteram partem rule applies to “everyone who decides anything,” but doesn’t always require a formal trial.
What did Ridge v Baldwin (1964) establish about natural justice?
The rules of natural justice apply regardless of whether a decision is “judicial” or “administrative.”
How did Lord Denning comment on this in ex p Benaim and Khaida (1970)?
He called the idea that natural justice only applies to judicial proceedings a “heresy” eliminated by Ridge v Baldwin.
What did Lord Roskill say about fairness in the GCHQ case (1985)?
Courts assess how decisions are made, not whether the outcomes or policies are fair.
According to Lloyd v McMahon (1987), what affects fairness?
Fairness depends on the decision-maker’s nature, the type of decision, and its legal/statutory context.
What did ex p Doody establish about fairness?
Presumption of fairness in the exercise of statutory power.
Fairness is contextual and evolves over time.
Affected persons should often have the chance to make representations.
They must usually know the gist of the case against them.
Why is notice essential for procedural fairness?
One must know the case against them to respond meaningfully (Lord Hope in AF No.3 (2009)).
What did Osborn v Parole Board (2013) decide about hearings?
Oral hearings should be held when fairness demands it—especially when facts are disputed or stakes are high.
What is the purpose of an oral hearing?
To aid decision-making and acknowledge the individual’s right to participate.
Is there a general duty to give reasons for administrative decisions?
No, per ex p Doody (1994), but fairness often requires informing the person of the case against them.
What did Bourgass (2015) say about reasons?
A person must be told the substance of the case to make effective representations.
