Administrative and Constitutional Law in UK Law
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Council of Civil Service Unions v Minister for the Civil Service
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For a decision to be susceptible to judicial review the decision-maker must be empowered by public law (and not merely, as in arbitration, by agreement between private parties) to make decisions that, if validly made, will lead to administrative action or abstention from action by an authority endowed by law with executive powers, which have one or other of the consequences mentioned in the preceding paragraph.
Judicial review has I think developed to a stage today when without reiterating any analysis of the steps by which the development has come about, one can conviently classify under three heads the grounds upon which administrative action is subject to control by judicial review. The first ground I would call "illegality," the second "irrationality" and the third "procedural impropriety."
By "irrationality" I mean what can by now be succinctly referred to as "Wednesbury unreasonableness" ( Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation [1948] 1 K.B. 223). It applies to a decision which is so outrageous in its defiance of logic or of accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at it.
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R v Secretary of State for the Home Department ex parte Bugdaycay
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The most fundamental of all human rights is the individual's right to life and when an administrative decision under challenge is said to be one which may put the applicant's life at risk, the basis of the decision must surely call for the most anxious scrutiny. The most fundamental of all human rights is the individual's right to life and when an administrative decision under challenge is said to be one which may put the applicant's life at risk, the basis of the decision must surely call for the most anxious scrutiny.
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R v Secretary of State for the Home Department, ex parte Doody ; R v Same, ex parte Pierson ; R v Same, ex parte Smart ; R v Same, ex parte Pegg
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Fairness will very often require that a person who may be adversely affected by the decision will have an opportunity to make representations on his own behalf either before the decision is taken with a view to producing a favourable result: or after it is taken, with a view to procuring its modification; or both.
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R v Commissioners of Inland Revenue, ex parte National Federation of Self-Employed and Small Businesses Ltd
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The need for leave to start proceedings for remedies in public law is not new. Its purpose is to prevent the time of the court being wasted by busybodies with misguided or trivial complaints of administrative error, and to remove the uncertainty in which public officers and authorities might be left as to whether they could safely proceed with administrative action while proceedings for judicial review of it were actually pending even though misconceived.
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R v Secretary of State for the Home Department, ex parte Brind
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It would be to impute to Parliament an intention not only that the executive should exercise the discretion in conformity with the Convention, but also that the domestic courts should enforce that conformity by the importation into domestic administrative law of the text of the Convention and the jurisprudence of the European Court of Human Rights in the interpretation and application of it.
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The Insolvency (England and Wales) Rules 2016
...... (a) a liquidator, provisional liquidator, administrator or administrative receiver of a company; . (b) an interim receiver appointed under section ... 413 have been made by paragraph 190 of Schedule 4 to the Constitutional Reform Act 2005 (c.4). . (2) Section 411 and 412 confer on the Lord ......
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Investigatory Powers Act 2016
......Interception for administrative or enforcement purposes Interception for administrative or enforcement ... a high judicial office (within the meaning of Part 3 of the Constitutional Reform Act 2005). . (3) A person is not to be appointed as the ......
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The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009
......CHAPTER 3 . RESTORATION TO THE REGISTER . Administrative restoration to the register S-56 . Administrative restoration to the ... . Constitutional documents . . . 1. . The LLP’s incorporation document. . . . ......
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Tribunals, Courts and Enforcement Act 2007
...... provision about tribunals and inquiries; to establish an Administrative Justice and Tribunals Council; to amend the law relating to judicial ... In section 3 of the Constitutional Reform Act 2005 (c. 4) (guarantee of continued judicial independence), ......
- Public Law, Constitutional Law and Administrative Law
- Book Reviews: The Growth of Responsible Government from James I to Victoria, from School Board to Local Authority, New Sources of Local Revenue: Report of a Study Group of the Royal Institute of Public Administration, The Ministry of Works, The Civil Service in Britain and France, Public Law: The Constitutional and Administrative Law of the Commonwealth, Governments of Greater European Powers, Aspects Du Régime Parlementaire Belge, German Exile Politics, Die Deutschen Parteien Seit 1945—Quellen Und Auszüge, Judaism: Fossil or Ferment?, Municipal Government in India, State Intervention and Assistance in Collective Bargaining: The Canadian Experience, 1943–1954, Internationale Beziehungen—Einführung in die Grundlagen der Außenpolitik, The Changing Environment of International Relations, the New World of Henri Saint-Simon, La Querelle De La C.E.D, Nationalism and Progress in Free Asia, Political Theory, Speaking of Politics, the Image
- Book Reviews: Political Ideas, Hobbes's Science of Politics, Adam Ferguson: The History of Civil Society, The Works of Joseph De Maistre, Rosa Luxemburg, Marxism in Modern France, Marxist Ideology in the Contemporary World, The Moral Challenge of Communism, The Principles of Politics, Pacifism: An Historical and Sociological Study, The Pacifist Conscience, Pacifisme Et Internationalisms, Non-Violent Action: Theory and Practice, The Mafia and Politics, The Honoured Society, The Foundations of Freedom, The Real World of Democracy, The Left in Europe since 1789, Conflict in Society, The Study of Society, Communication and Political Power, Greater London: The Politics of Metropolitan Reform, Guide to Decision: The Royal Commission, Tizard, A Peril and a Hope, The Scientific Estate, Cases and Materials on Constitutional and Administrative Law, Occasional Papers on Social Administration: No, Land Values, Pensions and Public Servants, Public Sector Pensions, The Responsible Society: The Ideas of Guild Socialism, The
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Book Notes
Book review in this article The Government and Politics of France: Vol. II Politics Dorothy Pickles. Industry and the Civil Service Nicholas Ridley. Urban Government for Rio de Janeiro Ivan L. R......... 129 . PUBLIC ADMINISTRATION Judicial Review of Administrative Action S.A.de Smith. 3rd ed. Stevens, 1973, Pp. 550. k7.25. ... Constitutional and Administrative Law 0.Hood Phillips. 5th ed. Sweet & ......
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Chapter CTM80181
...... of shares or securities in the joint venture company, or a constitutional document regulating the affairs of the joint venture company provides for ... the commencement of the liquidation, administration, administrative receivership or receivership of a member (or equivalent proceedings under ......
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Chapter INTM120210
...... at the board of directors and giving much weight to its constitutional role of management in this country, also took into account the fact that ... would normally be found there together with the senior administrative staff. . If that Head Office were to be, let us say, in the Netherlands ......