administrative law

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8 Terms

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Administrative law

Law of public administration, regarding the states regulation of what we do. It's about the principles of good governance, fairness, transparency, the rule of law, parliamentary sovereignty, legality

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How does it link or overlap with constitutional law

They both have shared concerns of legality, parliamentary sovereignty and the rule of law

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Judicial review

A high court procedure in England and Wales, where a judge reviews the lawfulness of a decision or action made by a public body or secondary legislation created by them.

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What are non-court administrative law practices

these are tribunals and ombudsmen, which also uphold principles of good governance without the involvement of courts

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Why is judicial review important?

Its constitutionally significant and has over the years expanded in scope, it ensures that public bodies act within their statutory powers and maintains the separation of powers

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Criticism of judicial review

It could be argues its overly relied on and this is bad as its expensive - use of legal resources

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Who can be judicially reviewed

Any public body except the parliament and senior courts. Also private bodies performing public functions can be examined.

Example of public bodies that can be examined: crown ministers, local authorities, health trusts, police forces, educational authorities, tribunals, and regulatory bodies.

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