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Related Flashcards
Cards In This Set
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First case to establish judicial review where a public body made an error of law
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Anisminic
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Reinforced the principle of judicial review where a public body made an error of law
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Page
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Case that established review for error of fact
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E v Home Office
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Right to a fair hearing
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Coughlan
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Consultation must be meaningful
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Coughlan
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Right to know the case against you and be heard
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Ridge v Baldwin
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Some limitations to knowing full case permitted
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Smith
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Where a practice is assured or general practice, a legitimate expectation is created
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GCHQ
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Where a substantive promise is made and relied upon, legitimate expectation is created
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Coughlin
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Where not required by statute, no absolute right to reasons; however the more serious the subject matter, the more likely a common law right will exist
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Doody
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Where a person has a direct financial interest in the outcome of a case, or where he is a party to the case, he is automatically disqualified from hearing it
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Pinochet 1
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Where a person may reasonably appear to be partial in a case, disqualification may be ordered if a real possibility exists that there was bias
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Gough
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Discretionary authority must be exercised to the entity holding the authority; discretion cannot be delegated
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Ellis v Dubowski
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A body granted discretionary authority must not act under dictation from another authority
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Lavender
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Fettering discretion - where discretion is given, it must be exercised. Rigid rules must not be put in place that preclude consideration on a case by case basis
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British Oxygen
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