Administrative and Constitutional Law in UK Law

Leading Cases
  • Council of Civil Service Unions v Minister for the Civil Service
    • House of Lords
    • 22 Nov 1984

    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."

  • R v Secretary of State for the Home Department ex parte Bugdaycay
    • House of Lords
    • 19 Feb 1987

    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.

  • R v Commissioners of Inland Revenue, ex parte National Federation of Self-Employed and Small Businesses Ltd
    • House of Lords
    • 09 Apr 1981

    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.

  • R v Secretary of State for the Home Department, ex parte Brind
    • House of Lords
    • 07 Feb 1991

    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.

  • Huang v Secretary of State for the Home Department; Abu-Qulbain v Same; Kashmiri v Same
    • House of Lords
    • 21 Mar 2007

    There will, in almost any case, be certain general considerations to bear in mind: the general administrative desirability of applying known rules if a system of immigration control is to be workable, predictable, consistent and fair as between one applicant and another; the damage to good administration and effective control if a system is perceived by applicants internationally to be unduly porous, unpredictable or perfunctory; the need to discourage non-nationals admitted to the country temporarily from believing that they can commit serious crimes and yet be allowed to remain; the need to discourage fraud, deception and deliberate breaches of the law; and so on.

  • Council of Civil Service Unions v Minister for the Civil Service
    • House of Lords
    • 22 Nov 1984

    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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Legislation
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Books & Journal Articles
  • REVIEWS
    • Nbr. 40-5, September 1977
    • The Modern Law Review
    Book reviewed in this article: The Sociology of Law. Edited by Pat Carlen. Tort in Transition. By P. D. McKenzie, G. W. R. Palmer and R. S. Clark. Nathan and Marshall: Cases and Commentary on the L...
  • REVIEWS
    • Nbr. 30-3, May 1967
    • The Modern Law Review
    Book reviewed in this article: Spencer Bower & Turner: Estoppel by Representation. Second edition by Sir Alexander Kingcome Turner. Cases and Materials on Constitutional and Administrative Law....
  • REVIEWS
    • Nbr. 33-2, March 1970
    • The Modern Law Review
    Books in the Dock. By C. H. Rolph. The Obscenity Laws: A Report by the Working Party Set Up by a Conference Convened by the Chairman of the Arts Council of Great Britain. The End of Obscenity: The ...
  • Black Spiders Weaving Webs: The Constitutional Implications of Executive Veto of Tribunal Determinations
    • Nbr. 79-1, January 2016
    • The Modern Law Review
    In R (Evans) v Attorney General, the Supreme Court quashed the Attorney General's statutory veto of the Upper Tribunal's original determination made under freedom of information legislation. The Up...
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