Role of judiciary in shaping administrative law in the UK
Role of Judiciary in Shaping Administrative Law in the UK
The judiciary acts as a check on executive and administrative bodies, ensuring they act within the law and respect procedural fairness. Key doctrines like judicial review, natural justice, legitimate expectation, and proportionality have been developed and refined through judicial decisions.
Key Case Laws:
1. Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223
Facts:
The local authority (Wednesbury Corporation) imposed conditions on a cinema licence, restricting children under 15 from attending certain shows.
Issue:
Was the local authority’s decision so unreasonable that it should be overturned by the court?
Held:
The court established the test of “Wednesbury unreasonableness”: a decision is unlawful if it is so unreasonable that no reasonable authority would ever consider it.
Significance:
This case set the foundation for judicial review of administrative decisions on grounds of irrationality, limiting arbitrary decisions by public authorities.
2. Ridge v Baldwin [1964] AC 40
Facts:
A chief constable was dismissed without a hearing.
Issue:
Whether the dismissal was lawful given that the principles of natural justice require a fair hearing before deprivation of office.
Held:
The House of Lords ruled that natural justice applies to administrative decisions affecting rights, requiring a fair hearing.
Significance:
This case reaffirmed the importance of procedural fairness and natural justice in administrative law, expanding judicial protection against unfair executive actions.
3. Council of Civil Service Unions v Minister for the Civil Service (GCHQ case) [1985] AC 374
Facts:
The government banned GCHQ employees from joining trade unions without consultation, citing national security.
Issue:
Is the exercise of prerogative powers subject to judicial review?
Held:
The House of Lords held that prerogative powers are subject to judicial review, except where explicitly excluded (e.g., national security).
Significance:
This landmark case extended judicial oversight to executive prerogative powers, defining the grounds of review as illegality, irrationality, and procedural impropriety.
4. R v Secretary of State for the Home Department, ex parte Doody [1994] 1 AC 531
Facts:
Prisoners challenged the Home Secretary’s failure to give reasons for the refusal to release them on parole.
Issue:
Whether there is a duty to give reasons for administrative decisions.
Held:
The court held that fairness may require reasons to be given, especially in decisions that significantly affect rights.
Significance:
This case reinforced transparency in administrative decision-making, introducing the principle that giving reasons is part of procedural fairness.
5. R (on the application of Daly) v Secretary of State for the Home Department [2001] 2 AC 532
Facts:
A prisoner challenged a policy allowing officers to search his cell and read legal correspondence without his presence.
Issue:
Whether the policy was proportionate and lawful.
Held:
The House of Lords held the policy was unlawful as it violated the prisoner’s right to confidential legal correspondence and was disproportionate.
Significance:
This case introduced proportionality as a key principle in UK administrative law, particularly where human rights are engaged.
Summary Table of Judicial Contributions:
| Case Name | Judicial Contribution |
|---|---|
| Wednesbury (1948) | Established “Wednesbury unreasonableness” test for irrationality. |
| Ridge v Baldwin (1964) | Affirmed natural justice requires fair hearings. |
| GCHQ case (1985) | Subjected prerogative powers to judicial review. |
| Ex parte Doody (1994) | Established duty to give reasons for administrative decisions. |
| R (Daly) v SSHD (2001) | Introduced proportionality as a ground for reviewing decisions. |
How the Judiciary Has Shaped UK Administrative Law
Defining Grounds of Judicial Review: Courts established illegality, irrationality, and procedural impropriety as bases for review.
Extending Judicial Review: Including prerogative powers under scrutiny.
Protecting Fair Procedures: Reinforcing natural justice and the right to be heard.
Promoting Transparency: Duty to provide reasons for decisions.
Balancing Rights and Powers: Introducing proportionality especially with human rights context.
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