Revison Lecture Semester 2 Flashcards
what is the rule and authorities for improper purposes (illegality)
-exercise power consistently with the purpose for which it is held (Laker, World Development Movement)
what are the two explanations for why improper purposes and irrelevant considerations are grounds for review under illegality
- courts trying to ensure good administration, in line with Parl’s intention in granting DPs without being too interventionist
- courts are masking desire to intervene in decision making behind rule that concerns good admin and parl intention
what is the case for improper purpose
Wheeler
what are the basic facts in Wheeler
- successful challenge to LCC decision banning LFC from using public pitch for 12 months as 3 players toured south africa during time of apartheid
what ‘empowered’ LCC to act in Wheeler
-s.56 Public Health Act empowered LCC to permit exclusive use of designated football pitches subject to charges and conditions it thought fit
what did Lord Templeman say in Wheeler
- there was “a misuse of power”
- LCC was “punishing the club when the club had done nothing wrong”
what is an act that raised debate about the successful challenge to LCC’s decision in Wheeler
-s.71 Race Relations Act 1976
-“duty of every local authority… to promote… good relations between different persons of different racial groups”
what are the two rules and the authority for irrelevant consideration
- do not take into account irrelevant considerations
- take into account all (essential) relevant considerations
Authority = Venables
what are the basic facts in Venables
-successful challenge to Home Sec decision to give 15 year sentence to two men who killed James Bulger as children
-failed to consider relevant psychiatric reports, considered irrelevant public petitions instead
what are the two rules for consultation and their authorities
- NO general rule to consult, but specific duties can arise in certain circs (Plantagenet Alliance)
- where duty does arise, consultation must be done properly (via the Sedley Criteria (Gunning, Moseley))
what is the authority for no general duty to consult
-Plantagenet Alliance
what is the authority for consultations done properly/ the Sedley Criteria
Gunning, Moseley
what is the Sedley Criteria summarised
-formative stage (before decision is made)
-sufficiently informative
-adequate time for consideration and response
-end product taken into account throughout
does adequacy of consultation extend to a voluntary consultation?
Yes; Article 39 case
give 4 examples of certain circs/rules that produce a duty to consult
-statutory duty (Dubs Amendment)
-legitimate expectation
-exceptional circs of unfairness (Wednesbury Unreasonableness)
-opinions are relevant considerations thus consultation becomes essential
what is the authority for a statutory duty to consult
-Dubs amendment
what is the authority for the stability of the law on consultations
Liberty 2024
“the law governing the obligation to undertake public consultatio is now reasonably well settled”
