Pub Admin Flashcards
(25 cards)
What is a public body?
A public body is a government-organized institution that governs areas of institutions that relate directly to a public function
What document is being used for this shit?
Civil Procedure Rules 2006 (Part 56 specifically)
What is Judicial Review?
the power of a court to determine a law or act to be constitutional or unconstitutional
What does it mean to quash an order?
To put the applicant back in the position he would have been in as if the decision had not been taken
a court order invalidating a decision taken by public authority
What is Due Process?
fair treatment through the normal judicial system
What is an Injunction?
To prevent a defendant’s authority from taking a specific action.
What is a prohibiting order?
Court prohibits the authority from doing something
What is a Mandatory Order?
Court mandates a specific action, relatively unusual.
What is a Declaratory Order?
Declares the legal position between the two parties
Wednesbury Case
- A person entrusted with a discretion must consider all that he is bound too and must disregard all that is irrelevant.
- If a decision on a competent matter is so unreasonable that no reasonable authority could have ever come to it - then the courts can interfere - but this would require something overwhelming.
What are the remedies for Judicial Review?
(a) certiorari
(b) prohibition
(c) mandamus
(4) In addition to or instead of an administrative order, the court may, without requiring the issuance of any further proceedings, grant -
(a) an injunction;
(b) restitution or damages; or
(c) an order for the return of any property, real or personal.
What is Certiorari?
a writ or order by which a higher court reviews a case tried in a lower court.
Certiorari is an order setting aside the decision of an authority. After a decision-making body has finished its proceedings and made an order, and when there has been an alleged error or abuse of process by the decision-making body, the appropriate remedy is an order for certiorari to transfer the proceedings to a higher court so the matter can be reheard, and the decision of the lower court quashed (set aside). Certiorari can be sought where there has been absence or excess of jurisdiction,
What is prohibition?
Prohibition is an order to a lower court, tribunal or similar decision-making body requiring it to cease proceedings. This order should be sought where a body has failed to exercise its jurisdiction properly or failed to provide natural justice, and these proceedings are continuing. However, it should be noted that as a matter of practice people seeking judicial review of a Commonwealth body’s processes in the High Court always seek prohibition regardless of whether an order has been made.
What is Mandamus?
Mandamus is an order requiring a public body or official to perform a duty which it has failed to perform. The important point here is that the body or tribunal must be shown to have failed to carry out a duty.
What is Quo warranto?
An order preventing a person from wrongfully exercising, or purporting to exercise, functions of a public character.
Who may apply for Judicial Review?
(a) any person who has been adversely affected by the decision which is the subject of the application;
(b) anybody or group acting at the request of a person or persons who would be entitled to apply under paragraph
(c) anybody or group that represents the views of its members who may have been adversely affected by the decision which is the subject of the application;
(d) any statutory body where the subject matters fall within its statutory remit;
(e) anybody or group that can show that the matter is of public interest and that the body or group possesses expertise in the subject matter of the application;
(f) any other person or body who has a right to be heard under the terms of any relevant enactment or the Constitution.
Public bodies are also known as :
Statutory bodies
Administrative Law is …
Concerned specifically with the evaluation of what the bodies do
Examines the function and exercise of power by statutory bodies
Delegated Legislation
Acts specifically created legislation created for a specific purpose which then creates a specific statutory body
What is Locus Standi?
In law, locus standi means the right to bring an action, to be heard in court, or to address the Court on a matter before it. … Otherwise, the court will rule that the plaintiff “lacks standing” to bring the suit, and will dismiss the case without considering the merits of the claim of unconstitutionality.
What are the grounds for judicial review?
AIIPUBB
Abuse of Power Irrationality Illegality Procedural Unfairness Unreasonability Breach of Natural Justice and Legit Expectation Bias
Unreasonableness
Decision made would not have been reached by any rational decision maker
The review will be focused on the decision-making process and not the decision itself
Based on part 56 what can prevent an application for leave being processed.
- Application for leave is refused by the judge or is granted on terms, the application may renew it by applying.
a) In any matter involving the liberty of the subject or in any criminal cause of matter, to a full court; or,
b) In any other case to a single judge sitting in an open court.
2. A single judge may refer the application to a full court.
3. No application not involving liberty of the subject or a criminal cause or matter may be renewed after a hearing.
Name 5 public authorities in Jamaica.
Five public authorities in Jamaica include Jamaica Fire Brigade, Jamaica Library services, Jamaica Constabulary Force, Transport Authority and The Jamaica Toll Authority.
