




























































































Study with the several resources on Docsity
Earn points by helping other students or get them with a premium plan
Prepare for your exams
Study with the several resources on Docsity
Earn points to download
Earn points by helping other students or get them with a premium plan
Community
Ask the community for help and clear up your study doubts
Discover the best universities in your country according to Docsity users
Free resources
Download our free guides on studying techniques, anxiety management strategies, and thesis advice from Docsity tutors
This document delves into the legal principles of procedural exclusivity and fairness in administrative action, focusing on the uk legal framework. It examines the rules governing judicial review, including time limits and pre-action protocols, and explores the concept of procedural fairness in the context of the uk's constitutional and legislative framework. A detailed analysis of the requirements of procedural fairness under the uk's administrative justice act (paja), including the criteria for determining when procedural fairness standards apply and the specific procedural requirements that must be met.
Typology: Exams
1 / 390
This page cannot be seen from the preview
Don't miss anything!
Content:
Issue = not long, not always considered promptly enough even if within 3 months
o S6(2)confers on the courts power to judicially review AA that is procedurally unfair ITO S6(2)(c), or that was biased or reasonably suspected of bias ITO S6(2)(a)(iii).
**- Procedural Fairness under PAJA
⟶ Requirements of S3(2)(b) 1 - Adequate Notice
- S4 of PAJA: Procedural Fairness IRO Decisions that have a
the issue before him.
(2) A family member/ friend stands to benefit from the decision, such that he has a personal interest in the outcome of the decision before him. (3) Before a particular issue came before an administrator, he already formed and expressed a firm view on the issue, such that no matter what submissions are made he will not change his decision. (4) The administrators allegiance to jis views or policies of the institution to which he is accountable render him incapable of making an impartial decision.
(2) Where a failure to consult will amount to a failure to take into account information at the disposal of the decision-maker. (3) Courts have pointed out that sometimes a statutory mandated procedure is required to be followed as a prerequisite for the lawful exercise of public power that is not AA, and that in such situations, legality will demand a fair procedure as provided for in statute is followed.
Procedural Fairness, Hearing, Bias Grounds Of Judicial Review
o Hearing rule o Bias rule DOES THE DUTY APPLY? THRESHOLD QUESTION
o The interests of an individual must affects his interests in a manner which is substantially different from the manner in which it's exercises apt to affect the interests of the public Plaintif f S10/2011 v Minister for Immigration and Citizenship [2012] HCA 31 FACTS: