Public law - Grounds of Review 2

Question 1

Key elements of Procedural Impropriety:

Answer 1

• Breach of Natural Justice: Failure to consider basic rules of justice e.g right to a fair hearing
• Lack of procedural fairness
• Failure to consider procedural rules laid out in legislative instruments

C/L: Ridge v Baldwin 1964

Question 2

What is the purpose of procedural fairness?

Answer 2

Protecting People’s Rights, Building Trust, Getting decisions right, preventing unfair treatment, following the rules, respecting people

Question 3

What does that fairness is ‘context dependent’? Is making ‘fairness’ context-dependent’ the right approach? Why? Why not?

Answer 3

Yes, making fairness context-dependent is generally the right approach. It acknowledges that fairness is not a rigid concept and should be tailored to fit the specific circumstances of each case.

Question 4

What considerations, if any, militate against procedural fairness?

Answer 4

National security or Emergency situations, confidentiality and privacy concerns

Question 5

Is there a general duty to give reasons under UK administrative law?

Answer 5

No general duty to give reasons → Doody 1984