Procedural Impropriety in Judicial Review

Flashcards focused on the vocabulary related to procedural impropriety in judicial review as outlined in the lecture notes.

Procedural Impropriety

The failure to observe basic rules of natural justice or to act with procedural fairness.

Natural Justice

The legal principle that ensures fairness in legal proceedings, including the right to a fair hearing and the right to be heard.

The Gunning Principles

Guidelines for consultations which require that they occur at a formative stage, include sufficient reasoning, allow adequate time for response, and consider the outcomes.

Illegality

One of the grounds under which administrative action is subject to control by judicial review, involving actions that are not authorized by law.

Bias

An inclination or prejudice that prevents objective judgment; particularly relevant in legal contexts where decision-makers may be influenced by personal interests.

Audi Alteram Partem

A Latin phrase meaning 'hear the other side,' emphasizing the necessity of giving all parties involved a fair chance to present their case.

Legitimate Expectations

The belief that the outcome of a decision-making process will align with previously established procedures or promises.

Context Dependency

The principle that fairness and procedural requirements must be evaluated based on the specific circumstances of each case.

Direct Bias

A situation in which a decision-maker has a personal or financial interest in the outcome of a case, leading to automatic disqualification.

Apparent Bias

A perception of bias where a reasonable observer may conclude that a decision-maker might not be impartial, even if no actual bias exists.