Administrative and Constitutional Law in UK Law

Leading Cases
  • Council of Civil Service Unions v Minister for the Civil Service
    • House of Lords
    • 22 Noviembre 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."

    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.

  • R v Secretary of State for the Home Department ex parte Bugdaycay
    • House of Lords
    • 19 Febrero 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 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
    • House of Lords
    • 24 Junio 1993

    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.

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

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Legislation
  • The Insolvency (England and Wales) Rules 2016
    • UK Non-devolved
    • 1 de Enero de 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 ......
  • Investigatory Powers Act 2016
    • UK Non-devolved
    • 1 de Enero de 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 ......
  • The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009
    • UK Non-devolved
    • 1 de Enero de 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. . . . ......
  • Tribunals, Courts and Enforcement Act 2007
    • UK Non-devolved
    • 1 de Enero de 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), ......
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Books & Journal Articles
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Forms
  • Chapter CTM80181
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... 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 ......
  • Chapter INTM120210
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... 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 ......
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