tribunals enquiries Flashcards
(14 cards)
What does judicial review test?
Only the legality of a decision, not whether it was the right decision.
What are the drawbacks of judicial review?
It’s slow, expensive, and may be disproportionate.
What do tribunals do?
Hear appeals on specific decisions and decide the result; more expert and appropriate than courts.
What is the benefit and drawback of complaints as a redress route?
Quick and informal but lacks independence.
What do ombudsmen offer that complaints don’t?
Independence—but they cannot enforce remedies.
What is the purpose of an appeal in administrative justice?
Full reconsideration of the case’s merits, not just legality or procedure.
When must a right of appeal be created?
It must be expressly created by legislation.
If no appeal right is given, what is the only legal route?
Judicial review.
Who normally gets appeal rights?
The person directly affected, e.g., licence or benefit applicants.
Why is appeal access controversial in public interest cases?
The person directly affected, e.g., licence or benefit applicants.
Why is appeal access controversial in public interest cases?
Because affected third parties (e.g. neighbours in planning cases) often only have JR as an option.
What are the three types of appellate bodies?
Internal (e.g. within same authority), Courts, and Specialist Bodies.
What is a key issue with internal appeals?
Lack of independence.
Why are specialist bodies preferred?
They’re expert, independent, and have procedures suited to the case.
