Administrative 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.

  • London & Clydeside Estates Ltd v Aberdeen District Council
    • House of Lords
    • 08 Noviembre 1979

    When Parliament lays down a statutory requirement for the exercise of legal authority it expects its authority to be obeyed down to the minutest detail. At one end of this spectrum there may be cases in which a fundamental obligation may have been so outrageously and flagrantly ignored or defied that the subject may safely ignore what has been done and treat it as having no legal consequences upon himself.

  • R (Daly) v Secretary of State for the Home Department
    • House of Lords
    • 23 Mayo 2001

    First, the doctrine of proportionality may require the reviewing court to assess the balance which the decision maker has struck, not merely whether it is within the range of rational or reasonable decisions. Secondly, the proportionality test may go further than the traditional grounds of review inasmuch as it may require attention to be directed to the relative weight accorded to interests and considerations.

  • 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 Public Contracts Regulations 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... (ii) they are subject to management supervision by those authorities or bodies; or . (iii) they have an administrative, managerial or supervisory board, more than half of whose members are appointed by the State, regional or local authorities, or by other bodies ......
  • 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 Act— . (i) in section 115 (general functions of the Commissioner), ......
  • Immigration Act 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ...... (1) Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc) is amended as follows. . (2) In paragraph 16, after paragraph (2) insert-. . . "(2A) But the detention of ......
  • State Immunity Act 1978
    • UK Non-devolved
    • 1 de Enero de 1978
    ......transaction) was made in the territory of the State concerned and. the obligation in question is governed by its administrative law. . (3) In this section ‘commercial transaction’ means— .   . ( a . ) any contract for the supply of goods or services;.   . ( b ......
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Books & Journal Articles
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