Public Law - Judicial review: amenability revision notes (semester 2)
19 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.
ISSUE: The issue is whether the body who the judicial review claim is against is amenable
and bound to the rules of judicial review.
ARTICULATE LEGAL TEST Bodies exercising statutory discretion and prerogative power
(GCHQ, Bancoult) are amenable to judicial review
PUBLIC BODIES = government, ministers, devolved
administration, local government
AUTHORITY FOR TEST GCHQ
Bancoult
DIFFICULTY WITH TEST The real difficulties are:
“de facto powers” (not really public bodies but they
should be treated like they are so this is problematic);
and
contracting out (the way the state is organised, and
change has made it less obvious which is a part of the
state, and which isn’t)
LEGAL TEST FOR NO If the body in question didn’t exist as a regulator, would the
STATUTORY government have to make one?
UNDERPINNING
AUTHORITY FOR TEST Datafin
COURTS BACKTRACK Religious bodies are not bound by the rules of judicial review
FROM DATAFIN Chief Rabbi
If the relationship is based on contract then it is not truly a
public body and it would only be appropriate to seek private
remedies
Disciplinary Committee of the Jockey Club
CONTRACTING OUT
LEGAL TEST FOR Contracted out decisions of the state are beyond the demands
CONTRACTING OUT of judicial review and cannot apply
AUTHORITY FOR TEST Servite Houses
COMPARE TO COUGHLAN – in Coughlan the NHS was a
public body but this was a public body (the council)
who contracted out with a private company (Servite)
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 $4.04. You're not tied to anything after your purchase.
