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."

    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 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 Abr 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.

See all results
Legislation
  • Data Protection Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ...... (i) Article 83 (general conditions for imposing administrative fines); . (ii) Article 84 (penalties); . (g) (g) in Part 5 of this ... 107 . . (1) Section 107 of the Constitutional Reform Act 2005 (disclosure of information to the Commission) is amended ......
  • 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 ......
  • The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010
    • UK Non-devolved
    • 1 de Enero de 2010
    ...... 2010 No. 976 . Northern Ireland . Constitutional Law . The Northern Ireland Act 1998 (Devolution of Policing and Justice ... . 101. In section 5 (administrative expenses) for “Parliament of the United Kingdom” substitute ......
  • The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010
    • UK Non-devolved
    • 1 de Enero de 2010
    ....... The Lord Chancellor has consulted the Administrative Justice and Tribunals Council in accordance with paragraph 24(1) of ... (b) omit subsection (12). SCH-1.34 . 34. Constitutional Reform Act 2005 . In Part 3 of Schedule 14 to the Constitutional Reform ......
See all results
Books & Journal Articles
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT