Judicial Review Key Insights

Which of the following qualities are consi****ere**** necessary for ju****icial office? Question 1Select one: A. The ability to remember the law that was taught at university. B. Experience of the worl****, inclu****ing an awareness of others that comes from international travel. C. Wis****om that comes with age. D. Intellectual capacity, inclu****ing the ability to quickly absorb an**** analyse information.

Ju****ges must be impartial as between the parties before them. Which of the following statements best reflects the requirements of ju****icial impartiality? Question 2Select one: A. Impartiality requires ju****ges not to have views on matters about which people may ****isagree. B. Impartiality ****eman****s that ju****ges be free from pressures exerte**** on them by influences outsi****e the courtroom C. Impartiality ****eman****s that ju****ges must not join any association that coul**** be involve**** in litigation. D. Impartiality ****eman****s that ju****ges must not invest in the stock market.

You are aske**** to a****vise the government on whether it can try to influence ju****ges. Which of the following is acceptable? Question 3Select one: A. The government can meet with in****ivi****ual ju****ges in private with a view to persua****ing them that certain policies an**** propose**** ****ecisions are acceptable. B. Ministers may criticise ju****ges personally in the me****ia. C. If the government is a party to a case it may present arguments to the court that are inten****e**** to persua****e the court that the government’s view of the law is correct. D. Ministers may threaten ju****ges with ****ismissal from office shoul**** they ****eliver ju****gments critical of the government.

Which of the following is the task of the Ju****icial Appointments Commission for Englan**** & Wales (the JAC)? Question 4Select one: A. The task of the JAC is to e****ucate the public about the importance of ju****ges. B. The task of the JAC is to ****raw up a list of senior barristers who appear eligible for ju****icial office that is sent to the Lor**** Chancellor who will consi****er recommen****ing their appointment to the Crown. C. The task of the JAC is to carry out selection exercises when ju****icial vacancies arise an**** i****entify a nominee whose name is put to the relevant minister. D. The task of the JAC is to vet those i****entifie**** by the Prime Minister as possible ju****ges.

Which of the following statements best reflects the relationship between the nee**** for ju****icial in****epen****ence an**** the nee**** for ju****icial accountability? Question 5Select one: A. In the UK system ju****ges are neither in****epen****ent or accountable B. Ju****icial in****epen****ence is compatible with the nee**** for ju****ges to explain their ****ecisions in their ju****gments an**** the ability of parties to appeal against the ****ecisions of ju****gments C. Ju****icial in****epen****ence means that ju****ges cannot be hel**** accountable for their ****ecisions D. Ju****icial accountability is more important than ju****icial in****epen****ence an**** the electe**** government can therefore ****ismiss ju****ges who reach ****ecisions that are contrary to the public interest.

Regar****ing the criteria for appointment to the ju****iciary, which of the following statements is correct? Question 6Select one: A. Selection of ju****ges must be base**** primarily on the nee**** to ensure ****iversity within the ju****iciary. B. Selection of the ju****ges must generally be base**** both on merit an**** the nee**** to ensure ****iversity. C. Selection of ju****ges must be base**** ‘solely on merit’. D. Selection of ju****ges must be base**** solely on the nee**** to ensure ****iversity within the ju****iciary

Regar****ing the criteria for appointment to the ju****iciary, which of the following statements is correct? Question 6Select one: A. Selection of ju****ges must be base**** primarily on the nee**** to ensure ****iversity within the ju****iciary. B. Selection of the ju****ges must generally be base**** both on merit an**** the nee**** to ensure ****iversity. C. Selection of ju****ges must be base**** ‘solely on merit’. D. Selection of ju****ges must be base**** solely on the nee**** to ensure ****iversity within the ju****iciary

Ju****icial review as it is un****erstoo**** in Englan**** & Wales is ….(in****icate which of the following is correct) Question 1Select one: A. A High Court proce****ure that enables claimants to appeal against ****ecisions taken by public bo****ies, inclu****ing the executive, that they feel to be wrong B. A process that enables those who have contracts with public bo****ies to complain that the public bo****y has acte**** in breach of contract. C. A process that enables people to petition Parliament to change the law. D. A High Court proce****ure that enables claimants to challenge the legality of ****ecisions taken by public bo****ies, inclu****ing the executive.

The core principles upon which ju****icial review is base**** are ….(in****icate which is correct) Question 2Select one: A. Roote**** in the rules of cricket. B. Have been create**** in the last twenty or thirty years. C. Centuries ol**** D. Completely foreign to the UK system having been intro****uce**** as a result of the UK’s membership of the EU.

Which the following statements best reflects the view of those who argue that ju****icial review is foun****e**** upon the supremacy of parliament? Question 3Select one: A. The essential task of the courts in ju****icial review procee****ings is to ensure that public bo****ies have complie**** with the common law. B. The essential task of the courts in ju****icial review procee****ings is to ensure that public bo****ies have acte**** as they’ve promise**** to act. C. The essential task of the courts in ju****icial review procee****ings is to ensure that public bo****ies have acte**** ethically. D. The essential task of the courts in ju****icial review procee****ings is to ensure that public bo****ies have acte**** within the legal powers conferre**** upon them by Parliament.

Which of the following statements is correct? Question 4Select one: A. The groun****s of ju****icial review in Englan**** & Wales are base**** on statute. B. The groun****s on which ****ecisions of public bo****ies may be reviewe**** in the courts ****epen****s on the terms of contracts between in****ivi****uals an**** public bo****ies. C. The groun****s of ju****icial review in Englan**** & Wales are roote**** in the common law an**** can be ****evelope**** by the ju****ges. D. The groun****s of ju****icial review in Englan**** & Wales are set out in the European Convention of Human Rights.

Regar****ing the role of the ju****iciary in the UK, which of the following statements is accurate? Question 5Select one: A. Ju****ges must never trespass into the territory that the executive claims as its own. B. Ju****ges may step into the territory that belongs to the executive in or****er to verify that the executive has the legal powers that it claims an**** to ensure that its actions are in accor****ance with the intentions of Parliament C. Ju****ges must never consi****er issues that have policy or political implications as this woul**** conflict with the separation of powers. D. Ju****ges cannot review the legality of executive ****ecisions because this woul**** be un****emocratic.

Which the following statements best reflects the view of those who argue that ju****icial review is foun****e**** upon the common law? Question 6Select one: A. Those who argue that ju****icial review is base**** on parliamentary supremacy an**** thus parliamentary ****emocracy take too narrow a view of ****emocracy. In particular they give insufficient weight to the control that the executive exerts over parliament an**** the nee**** to protect minority interests. B. Ju****icial review is foun****e**** on the common law because the ju****ges have create**** the common law an**** the common law is therefore the most important source of law in the UK’s constitution. C. Ju****icial review is foun****e**** on the common law because the ju****ges are solely responsible for ****efining whether government has acte**** correctly. D. Those who argue that ju****icial review is base**** on parliamentary supremacy fail to recognise that parliamentary supremacy has never been an important principle of the UK’s constitution.

Which is the following is the most accurate explanation of the legal status of Lor**** Diplock’s statement of the hea****s of ju****icial review in Council of Civil Service Unions v Minister for the Civil Service? Question 1Select one: A. It woul**** be more accurate to say that there is only one groun**** of ju****icial review: that ****ecisions of public authorities can be quashe**** if ju****ges consi****er them to be wrong B. It is an authoritative ju****icial summary of the main hea****s of ju****icial review C. It is equivalent to a statutory statement of the groun****s of ju****icial review D. It is of no value an**** completely out of ****ate.

Which of the following statements best summarises the ‘illegality’ groun**** of ju****icial review as set out by Lor**** Diplock in the GCHQ case? Question 2Select one: A. The ****ecisions of public bo****ies may be reviewe**** on the groun**** of ‘illegality’ if public bo****ies have reache**** ****ecisions that are politically unacceptable B. The ****ecisions of public bo****ies may be reviewe**** on the groun**** of ‘illegality’ if public bo****ies have acte**** negligently. C. The ****ecisions of public bo****ies may be reviewe**** on the groun**** of ‘illegality’ if public bo****ies have misinterprete**** or misun****erstoo**** their legal powers. D. The ****ecisions of public bo****ies may be reviewe**** on the groun**** of ‘illegality’ if public bo****ies have reache**** ****ecisions that are wrong

Looking back over the matters that have been covere**** in the mo****ule so far, which of the following comments about the use of ju****icial review in Englan**** & Wales is most likely to be correct? Question 3Select one: A. Ju****icial review is now more popular than watching TV as a pastime. B. Leaving asi****e immigration cases, the number of ju****icial review claims ma****e annually each year over the past ten years or so has remaine**** remarkably consistent at aroun**** or just un****er *,* claims a year. C. There has been a massive growth in the use of ju****icial review that has been largely ****riven by claimants abusing the system with weak an**** unarguable claims. D. The massive growth in the use of ju****icial review in recent years now imposes an intolerable bur****en on government an**** must be reverse****.

Which of the following is the most accurate summary of the three main hea****s or groun****s of ju****icial review? Question 4Select one: A. Immorality, unfairness, an**** legal error B. Illegality, irrationality, an**** proce****ural impropriety C. Unfairness, unreasonableness, an**** breach of international law D. Mala****ministration, falsehoo****, an**** ****elay

Ju****ges an**** writers often refer to ‘We****nesbury unreasonableness’. When they ****o so which of the following are they talking about? Question 5Select one: A. The ****uty upon public bo****ies to act honestly. B. The ****uty of public bo****ies not to ****elegate their powers unless they are permitte**** to ****o so. C. The ****uty of public bo****ies not to act irrationally. D. The ****uty upon public bo****ies to follow correct proce****ures.

Which of the following statement is the most accurate? Question 6Select one: A. Public bo****ies can a****opt policies an**** apply them however an**** whenever they like B. Public bo****ies can always apply policies provi****e**** they ****o so in a way that is supporte**** by their electorate. C. Public bo****ies are not permitte**** to a****opt policies D. Public bo****ies can a****opt policies but their policies must not be applie**** as if they were bin****ing rules with no exceptions

Where ****o the principles relating to natural justice an**** fair proce****ures come from? Which of the following is the most accurate explanation of their source? Question 1Select one: A. They are moral i****eals an**** not legal principles at all. B. They are roote**** in common law principles. C. They were establishe**** by an Act of Parliament. D. They were create**** by the European Convention of Human Rights.

Which, if any, of the following situations is unlikely to be contrary to the rule against bias? Question 2Select one: A. Sam is a High Court ju****ge who is to ****eci****e a case involving a traffic acci****ent between a private car an**** a taxi ****riven by her brother. B. Bren****a is a High Court ju****ge who is to ****eci****e a case involving a ****ispute between a football club an**** one of its players. She loves sports of all kin****s an**** is a member of a gym. C. Clara is a High Court ju****ge who is to ****eci****e a case involving a ****ispute between two large oil companies Shell UK an**** BP UK. She has shares in Shell UK. D. Mira is a High Court ju****ge who is to ****eci****e a case in which it is claime**** that UK law on surveillance breaches fun****amental human rights an**** to which Amnesty International is a party. She is an active member of Amnesty International an**** chairs several of its committees

Which of the following statements most correctly summarises the meaning of a legitimate expectation? Question 3Select one: A. An expectation that is base**** on how they think cases similar to theirs have been han****le**** in the past.l B. An expectation that is base**** on what is sai**** in social me****ia. C. An expectation that the courts recognise as important an**** vali**** an**** therefore an expectation that shoul**** normally be respecte**** by the ****ecision-maker. D. An expectation that the claimant has gaine**** base**** on what they think they are entitle**** to.

Which of the following cases concerne**** a proce****ural legitimate expectation? Question 4Select one: A. British Oxygen Co Lt**** v Minister of Technology * AC *. B. Council of Civil Service Unions v Minister for the Civil Service * AC *. C. Associate**** Provincial Picture Houses Lt**** v We****nesbury Corporation * * KB *. D. Pa****fiel**** v Ministry of Agriculture * AC *.

Which of the following statements best summarises the i****ea of natural justice? Question 5Select one: A. The term natural justice means that ****ecision makers shoul**** apply the law of nature rather than UK law when making ****ecisions. B. The term natural justice means that ****ecision makers must always hear spoken or oral arguments in public an**** must always provi****e reasons for their ****ecisions in writing. C. The term natural justice means that people affecte**** by ****ecisions must always feel that they have been treate**** fairly. D. The term natural justice is normally use**** in the context of ju****icial review to refer to two basic requirements: i) that people shoul**** be able to present their case an**** ii) that ju****ges shoul**** be impartial an**** unbiase****.

When Lor**** Diplock presente**** his three hea****s/groun****s of ju****icial review he referre**** to ‘proce****ural impropriety’ rather than ‘natural justice an**** proce****ural fairness’ . One of the following explanations for this is correct, which is it? Question 6Select one: A. He was concerne**** with ensuring that public bo****ies follow the correct proce****ure but not with ensuring fairness or compliance with natural justice. B. He consi****ere**** the i****ea of ‘fairness’ to be too uncertain to be compatible with the rule of law. C. It is impossible to know because Lor**** Diplock ****i**** not explain his thinking. D. He wante**** to make it clear that public bo****ies must comply with natural justice an**** proce****ural fairness, as well as proce****ures expressly lai**** ****own in legislation regar****less of whether (or not) these are fair or comply with natural justice.

Which of the following statements is the most correct summary of why the ****ecision of the House of Lor****s in Anisminic v Foreign Compensation Commission * * AC * is important? Question 1Select one: A. It was the last ****ecision of the Ju****icial Committee of the House of Lor****s. B. It showe**** the ju****ges to be willing to require local authorities to act fairly. C. It showe**** the courts to be willing to review the way members of the executive use**** broa**** ****iscretionary powers. D. It showe**** that Parliament can only prevent the use of ju****icial review by using the absolutely clear an**** explicit wor****s.

Which of the following provisions is most likely to prevent ju****icial review? Question 2Select one: A. “Decisions cannot be appeale**** against. ” B. “Decisions or purporte**** ****ecisions cannot be questione**** in any legal procee****ings whatsoever.” C. “Decisions cannot be questione**** on groun****s of illegality.” D. “Decisions are final.”

Thinking generally about the UK Parliament’s ability to abolish ju****icial review, which of the following statements appears to best summarise the current situation? Question 3Select one: A. Abolition of ju****icial review woul**** clearly be contrary to the rule of law an**** since Parliament cannot act contrary to the rule law any legislation seeking to abolish ju****icial review woul**** certainly be unconstitutional an**** of no legal effect. B. If Parliament ****oes attempt to abolish ju****icial review there will be a constitutional crisis that will only be resolve**** by a reference to the European Court of Justice. C. There is absolutely no ****oubt that Parliament coul**** abolish ju****icial review if it wante**** to. D. The courts respect the supremacy of Parliament but some ju****ges have in****icate**** that the courts coul**** in future ****eci****e not to apply legislation that seeks to abolish ju****icial review.

Ju****icial review can provi****e re****ress against unlawful action taken by public bo****ies. It can also be use**** to force bo****ies to perform ****uties. However, there are certain situations for which it is not well suite****. In which of the following situations will ju****icial review not normally be useful? Question 4Select one: A. To obtain a ****eclaration that legislation is incompatible with human rights B. To obtain a man****ating or****er to force a public bo****y to perform a ****uty owe**** to the claimant. C. To obtain a quashing or****er to quash unlawful ****elegate**** legislation. D. To obtain ****amages for breach of contract.

Which of the following statements is the most accurate? When ****e Smith first publishe**** his book on ju****icial review in * he wrote that “ju****icial review of a****ministrative action is inevitably …peripheral [to government]” Question 5Select one: A. Ju****icial review is now recognise**** as being important to government B. Ju****icial was once central to government but it is no longer C. Ju****icial review is only relevant to local government but not central government D. Ju****icial review is rightly recognise**** as irrelevant to government

Which of the following statements is correct? Question 6Select one: A. Ju****icial review may be use**** when there is no statutory appeal against a public bo****y’s ****ecision B. Ju****icial review an**** statutory appeals are the same thing C. Ju****icial review can only be use**** when the King says so D. Ju****icial review cannot be use**** when there is no statutory appeal against a public bo****y’s ****ecision o

Which one of the below is an international treaty? Question 1Select one: A. The Human Rights Act * B. The EU (With****rawal) Act * C. The Scotlan**** Act * D. The European Convention on Human Rights

Which one of the below is a right un****er the European Convention on Human Rights? Question 2Select one: A. The right to guarantees in bioethics B. The right to a fair trial C. The right to nationality D. The right to transparent business a****ministration

Accor****ing to Lor**** Steyn in R v A… Question 3Select one: A. Courts shoul**** use their power un****er s. * HRA1998 even when the rights-consistent interpretation woul**** not naturally fit the language of the statute. B. Courts shoul**** prefer issuing ****eclarations of incompatibility over construing legislation in a rights-consistent manner. C. Courts are not well equippe**** to a****ju****icate ****isputes concerning human rights.

Who can bring a case to the European Court of Human Rights? Question 4Select one: A. Any person, group of in****ivi****uals, company or NGO having a complaint about a violation of their rights un****er the Convention by both signatory states an**** states which have not yet ratifie**** the Convention B. Only states against other states alleging violations of the Convention C. Any person, group of in****ivi****uals, company or NGO who is a victim of a violation of their rights un****er the Convention by a signatory state D. Any person against a group of in****ivi****uals, companies or NGOs

The Human Rights Act * has been ****escribe**** as a constitutional statute. A constitutional statute is, accor****ing to Thoburn… Question 5Select one: A. One which forms part of the co****ifie**** constitution B. One which regulates fun****amental human rights only C. One which regulates how the UK Supreme Court will operate D. One which cannot be repeale**** implicitly

The UK is a ****ualist state. With regar**** to international treaties, this means that… Question 6Select one: A. There is no nee**** for Parliament to implement international treaties B. An international treaty becomes integrate**** into national law only an**** to the extent that it is transpose**** into national law C. An international treaty becomes integrate**** into national law upon successful negotiation between the UK government an**** a thir**** state D. International law trumps national law

Which statement best ****escribes the ruling of the House of Lor****s in R (Begum) v Governors of Denbigh High School [*] UKHL *? Question 1Select one: A. When an a****ministrative ****ecision interferes with a Convention right, the primary ****ecision-maker ought to ****emonstrate that it took into consi****eration the ****ecision’s impact on the right. B. When an a****ministrative ****ecision interferes with a Convention right, the primary ****ecision-maker ought to consult a court about whether the ****ecision passes the proportionality test. C. When an a****ministrative ****ecision interferes with a Convention right, the primary ****ecision-maker ought to ****emonstrate that it applie**** the proportionality test when reaching that ****ecision. D. It is for the reviewing court, not the primary ****ecision-maker, to apply the proportionality test in or****er to ****etermine whether an a****ministrative ****ecision complies with Convention rights.