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24 Cards in this Set
- Front
- Back
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Judicial Reivew |
Procedure used by courts to supervise the actions of the executive, administrative tribunals and others to ensure actions are within jurisdiction |
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Principles of the NZ constitution |
Rule of Law Parliamentary Sovereignty
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Ultra vires |
Acting outside legal limits |
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Judicature Amendment Act, S 4(1) |
Apply for judicial review as long as exercise is by any person of statutory power |
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Non-Statutory Power |
Courts willing to review the exercise of the power e.g. The Executive
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Is the decision justiciable? |
Is the decision public in nature |
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What the courts won't review? |
'Situation where constitutionally inappropriate for the courts to embark' - Curtis Won't get involved when ultimately political decision |
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Who can apply for judicial review? |
Those whose rights have been directly affected by a decision can be apply. Must have standing (locus standi) |
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Grounds for judicial review? |
Illegality Procedural Impropriety Unreasonableness |
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Illegailtiy |
The decision-maker has exceed its delegated legislation through act or omission. - Discretion for improper purpose - Taking into account irrelevant considerations - Errors of law or fact |
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Procedural Impropriety |
The decision-maker failed to comply with its explicit or implicit procedural obligations. 1. Decision-maker gives individuals adequate notice and opportunity to be heard 2. Is disinterested in outcome & is not bias |
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Natural Justice |
Is procedural impropriety You must be fair when making your decision |
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S 4(c) |
Any legitimate expectation held by an individual to a particular decision making process. Holding decision-makers to their promises
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Judges vs. Politicans |
We hold judges to a high standard, expected to not be bias in any way. Politicians to a lower standard and expected to have strong views & agendas
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Unreasonableness |
The decision lies beyond the rational limit of the decision-maker's discretion. = Octopus |
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Extraordinary Remedy: Certiorari |
Quashing a decision Retrospective |
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Extraordinary Remedy: Mandamus |
Do it again Remake the decision |
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Extraordinary Remedy: Prohibition |
Prospective Decision hasn't been made, but person going to make it has no authority to do so, would be ultra vires |
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Ordinary Remedies: Injunction |
Stopping someone from doing what they are doing |
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Ordinary Remedies: Declaration |
Statement of law by the court Declares the action as invalid, improper use of power Can't be about a hypothetical situation |
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Reasons to refuse remedy? |
1. Delay by applicant 2. Administrative difficulties 3. Alternative remedies 4. Trivial or futile action 5. No standing |
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Illegality of delegated legislation |
1. Consistency with the empowering provision 2. Consistency with all other legislation |
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Procedural Impropriety to delegated legislation |
1. Natural justice & fairness 2. Bias |
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How to get legitimate expectation? |
Prior conversations and promises Believe you are going to be consulted |
