Chapter 12 Self-test questions

. Which one of the following statements is not a part of the principle of Wednesbury Unreasonableness?

A public body has reached a conclusion which is so absurd that no reasonable authority could ever have come to it.

A public body has acted in bad faith.

A public body has not directed itself properly in law.

A case has been wrongly decided on its merits involving a matter of fundamental public importance.

.

Which of the following statements is not one of the circumstances in which the principle of proportionality would be applied according to Lord Slynn in R (Alconbury Developments Ltd) v Secretary of State for the Environment, Transport and the Regions (2003)?

The principle of proportionality will be applied where a court is asked to consider whether legislation is compatible with Convention rights

The principle of proportionality is relevant where the court is applying principles of European Union law.

Proportionality will be applied whenever a court is deciding whether to quash a penalty or punishment.

In mode of trial proceedings in the Magistrates' Court.

. Which one of the following statements is false?

The court must look at how the decision-maker strikes a balance with fundamental rights.

Proportionality may go further than the traditional grounds of review.

The intensity of the review, in similar cases, is guaranteed by the twin requirements that the limitation of the right was necessary in a democratic society, in the sense of meeting a pressing social need, and the question of whether the interference was really proportionate to the legitimate aim being pursued.

The effect of Section 2 of the Human Rights Act 1998 is that judicial review is now merits-based.

. Which one of following statements is true?

The High Court, in a judicial review claim, cannot take Convention rights into account.

The court treats judicial review claims involving Convention rights as if they were appeals.

In a judicial

In accordance with Strasbourg jurisprudence, the court is concerned with whether the claimant's Convention rights have been infringed, not with whether the public authority has properly taken them into account. What is important is the practical outcome of the decision not the quality of the decision-making process itself

. Which of the following cases supports the outcomes is all approach to judicial review?

Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374

R v Gaming Board ex parte Beniam and Khaida (1970)

R v Barnsley MBC ex parte Hook (1976)

R (on the application Nasseri) v Secretary of State for the Home Department (2010).

Chapter 12 Self-test questions

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