Public Law - Procedural impropriety: consultation revision notes (semester 2)
9 views 0 purchase
Course
Public Law (LAW106)
Institution
The University Of Liverpool (UoL)
Documents containing all the relevant information about the topic, condensed into colour coded tables to enable easier memorisation and order. I achieved a first class in public law using these notes.
“Judicial review has I think developed to a stage today when…one can conveniently 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.’”
(Lord Diplock in the GCHQ case)
PROCEDURAL IMPROPRIETY – CONSULTATION
ISSUE: The issue in this scenario is under the ground of what Diplock in the GCHQ case
called, ‘procedural impropriety’ and more specifically this engages with consultation.
ARTICULATE LEGAL TEST There is no general duty to consult but one might arise
through the operation of other rules and where it does arise,
it must be done properly
AUTHORITY FOR TEST Plantagenet Alliance Case
no general duty to consult
though might arise through other rules
R (Moseley/Stirling) v Haringey
where it does arise, it must be done properly
THE SEDLEY CRITERIA R v Brent ex parte Gunning
“Mr Sedley submits….”
1. consultation must be at a time when proposals are still
at a formative stage – can’t consult on a decision
you’ve already made
2. proposer must give sufficient reasons for any proposal
to permit of intelligent consideration and response
3. adequate time must be given for consideration and
response
4. the product of consultation must be conscientiously
taken into account in finalising any ... Proposals –
answers of consultation must be taken into account
Describes what counts as a general consultation – if you
violate one of these then it’s not a real or authentic
consultation and you have to consult, do it properly - RULE
THEN APPLY TO FACTS OF PROBLEM QUESTION!!! – keep legitimate expectations separate
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller miaalunt. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $3.98. You're not tied to anything after your purchase.
