Administrative Law Assignment Help

The CPR Part 54 procedure, the permission stage, the three-month time limit, the pre-action protocol and the AV v sufficient interest test for standing under section 31 of the Senior Courts Act 1981.

Errors of law and fact, acting for improper purposes, relevant and irrelevant considerations, fettering of discretion and unlawful delegation, drawing on Padfield, Wednesbury and the ultra vires principle.

The Wednesbury unreasonableness standard, the GCHQ reformulation, anxious scrutiny in rights cases and the debate over whether irrationality is collapsing into a proportionality assessment.

The four-stage proportionality test from Bank Mellat, its application under the Human Rights Act and the live question of whether it should replace Wednesbury in domestic judicial review generally.

Breaches of statutory procedure and common law fairness, including the duty to consult, the duty to give reasons and the consequences of failing to follow a mandatory procedural requirement.

The right to a fair hearing under audi alteram partem and the rule against bias under nemo iudex in causa sua, applying the apparent-bias test established in Porter v Magill.

Procedural and substantive legitimate expectation, the Coughlan categories, the abuse-of-power rationale and the circumstances in which a public body may lawfully depart from a clear representation.

Who may bring judicial review and which bodies are amenable to it, covering the public-function test from Datafin, the sufficient-interest requirement and representative or public-interest standing.

Statutory attempts to exclude judicial review, the landmark decision in Anisminic, the Privacy International ruling on partial ouster and the tension with the rule of law and parliamentary sovereignty.

Quashing, prohibiting and mandatory orders, declarations, injunctions and the discretionary nature of relief, including suspended quashing orders introduced by the Judicial Review and Courts Act 2022.

Dicey's conception and modern accounts from Bingham and Raz, the rule of law as a constitutional principle and its role in constraining executive and administrative discretion.

The constitutional relationship between executive, legislature and judiciary, judicial deference, the prerogative and the boundaries the courts set on reviewing high-policy decisions.

Statutory instruments, Henry VIII clauses, sub-delegation and parliamentary scrutiny, together with the ultra vires control courts exercise over rule-making under enabling statutes.

The two-tier tribunal system, the Upper Tribunal's review jurisdiction, the Cart line of authority and the role of public inquiries within the wider administrative justice landscape.

The Parliamentary and Health Service Ombudsman and Local Government Ombudsman, the concept of maladministration and the place of ombudsman redress alongside court-based remedies.

The interaction of the Human Rights Act 1998 with judicial review, sections 3 and 4, the public-authority duty under section 6 and Convention-based grounds of challenge.

The scope and justiciability of the royal prerogative, the GCHQ and Miller decisions on reviewability and the constitutional limits on executive action taken without statutory authority.