Administrative Law Questions And Answers Pdf

administrative law questions and answers pdf

File Name: administrative law questions and answers .zip
Size: 2786Kb
Published: 23.04.2021

To browse Academia. Skip to main content. By using our site, you agree to our collection of information through the use of cookies.

Subscribers receive the product s listed on the Order Form and any Updates made available during the annual subscription period. Shipping and handling fees are not included in the annual price. Subscribers are advised of the number of Updates that were made to the particular publication the prior year.

It looks like you're using Internet Explorer 11 or older. This website works best with modern browsers such as the latest versions of Chrome, Firefox, Safari, and Edge. If you continue with this browser, you may see unexpected results. Administrative Law.

Q&A Constitutional & Administrative Law 2009-2010 (Questions and Answers)

Discuss the Judicial Remedies Approach: Define judicial remedies Identify and discuss the judicial remedies Elements and Applications of Judicial remedies Suggested Answer Judicial remedies are means which a court of law in exercising of enforcement of right, imposes a penalty or makes an order in the ordinary proceeding of a court.

Where an application for judicial review is successful the following remedies are available. AG, held that prerogative orders are remedies for the exercise of power by those in public offices, and they are available to give relief where a private person is challenging the decision or action of a public authority or public body or anyone actibng in the exercise of a public duty.

In R V Barker 3 Burr , the purposes was to prevent disorder from the failure of justice. A mandatory order compels public authorities to fulfill their duties. Whereas quashing and prohibition orders deal with wrongful acts, a mandatory order addresses wrongful failure to act.

A mandatory order is similar to a mandatory injunction below as they are orders from the court requiring an act to be performed. Failure to comply is punishable as a contempt of court. Examples of where a mandatory order might be appropriate include: compelling an authority to assess a disabled persons needs, to approve building plans, or to improve conditions of imprisonment.

A mandatory order may be made in conjunction with a quashing order, for example, where a local authoritys decision is quashed because the decision was made outside its powers, the court may simultaneously order the local authority to remake the decision within the scope of its powers.

R V Electricity Commissioner, anybody having a legal authority and acts beyond their authority, are subject to the controlling jurisdiction of the King. A prohibiting order is similar to a quashing order in that it prevents a tribunal or authority from acting beyond the scope of its powers. The key difference is that a prohibiting order acts prospectively by telling an authority not to do something in contemplation. Examples of where prohibiting orders may be appropriate include.

By setting aside a defective decision, certiorari prepares the way for a fresh decision to be taken. IGG- was held that must be shown that despondent acted beyond his jurisdiction. A quashing order nullifies a decision which has been made by a public body. The effect is to make the decision completely invalid.

Such an order is usually made where an authority has acted outside the scope of its powers ultra vires.

The most common order made in successful judicial review proceedings is a quashing order. If the court makes a quashing order it can send the case back to the original decision maker directing it to remake the decision in light of the courts findings.

Or if there is no purpose in sending the case back, it may take the decision itself. Ordinary Orders i An injunction may be claimed against a public authority or official, to restrain unlawful acts which are threatened or are being committed. It is an equitable remedy in the form of a court order, whereby party is required to do or refrain from doing.

An injunction is an order made by the court to stop a public body from acting in an unlawful way. Less commonly, an injunction can be mandatory, that is, it compels a public body to do something. Where there is an imminent risk of damage or loss, and other remedies would not be sufficient, the court may grant an interim injunction to protect the position of the parties before going to a full hearing.

If an interim injunction is granted pending final hearing, it is possible that the side which benefits from the injunction will be asked to give an undertaking that if the other side is successful at the final hearing, the party which had the benefit of the interim protection can compensate the other party for its losses.

This does not happen where the claimant is legally aided. The authority of a court's ruling on law is such that a declaratory judgment will normally restrain both the government and public authorities from illegal conduct.

In Opoloot V AG, court refused to grant the applicant on grounds that it would embarrass and prejudice they security of the state. A declaration is a judgment by the Court which clarifies the respective rights and obligations of the parties to the proceedings, without actually making any order. Unlike the remedies of quashing, prohibiting and mandatory order the court is not telling the parties to do anything in a declaratory judgment. For example, if the court declared that a proposed rule by a local authority was unlawful, a declaration would resolve the legal position of the parties in the proceedings.

Subsequently, if the authority were to proceed ignoring the declaration, the applicant who obtained the declaration would not have to comply with the unlawful rule and the quashing, prohibiting and mandatory orders would be available. Damages are available as a remedy in judicial review in limited circumstances. Compensation is not available merely because a public authority has acted unlawfully.

The discretionary nature of the remedies outlined above means that even if a court finds a public body has acted wrongly, it does not have to grant any remedy.

Examples of where discretion will be exercised against an applicant may include where the applicants own conduct has been unmeritorious or unreasonable, for example where the applicant has unreasonably delayed in applying for judicial review, where the applicant has not acted in good faith, where a remedy would impede the an authoritys ability to deliver fair administration, or where the judge considers that an alternative remedy could have been pursued. Section 34 of JA Cap 13, provides for High Court may at any time, where a person is deprived of his or personal liberty otherwise than execution of a lawful sentence, may award a writ of habeas corpus directed to the person in whose authority custody the person deprived of liberty.

In Re Twaaha Wanande HC, court held that in any application for a writ of habeas corpus, the applicant must show that the arrest and detention were unlawful in the first place.

The power to review lies with the High Court. The Act limits the time for an application for review to Three months from the date when the ground arose unless court has good reason to extend time.

Grounds for Judicial Review Judicial review is different from an appeal. The distinction is that an appeal is concerned with the merits of the decision under appeal while judicial review is concerned only with the legality of the decision or act under review. In the GCHQ Case , Lord Diplock classified the grounds on which administrative action is subject to judicial control under three heads, namely, illegality, irrationality, and procedural impropriety.

Whether he has or not is a question to be decided in the event of dispute by judges. This would mean that when a power vested in a decision-maker is exceeded, acts done in excess of the power are invalid as being ultra vires substantive ultra vires. An example would be where a local council, whose power is derived from statute, acts outside the scope of that authority.

Bromley Council v Greater London Council Government Ministers have also sometimes acted outside their authority. In Associated Provincial Picture Houses Ltd v Wednesbury Corp the Court of Appeal held that a court could interfere with a decision that was 'so unreasonable that no reasonable authority could ever have come to it'.

Lord Diplock in the GCHQ Case said that this applies to a decision which is so outrageous in its defiance of logic or of accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at it.

Case examples include: Strictland v Hayes Borough Council , R v Derbyshire County Council, ex parte The Times This ground has been used to prevent powers from being abused by, for example, exercising a discretion for an improper purpose or without taking into account all relevant considerations.

R v Altringham Justices ex parte Pennington Ridge v Baldwin Open navigation menu. Close suggestions Search Search. User Settings. Skip carousel. Carousel Previous.

Carousel Next. What is Scribd? Administrative Law Questions and Answers. Uploaded by aronyu. Date uploaded Dec 04, Did you find this document useful? Is this content inappropriate? Report this Document. Flag for inappropriate content. Download now. Related titles. Carousel Previous Carousel Next. Jump to Page. Search inside document. Chela Emmanuel Mulenga. Anupam Gurung. Alexei Scripnic. Deyana Marcheva. Nicole Taylor. Lisa Hrunka. Deb Bie. Divya Jain. Sudeep Sharma. Modupe Ehinlaiye.

Camille Onette. Raj Santoshi. Lindsay Elizabeth Amantea. Ernest Woo. More From aronyu. Popular in Administrative Law In Singapore. Parunjeet Singh Chawla. Amit kayall. Abdullah Bhatti. Richard Alpert Bautista. Jerik Solas. Jon Ortiz. Jaroslav Pavlovskij. Alvin Ryan Kipli.

Q&A Constitutional & Administrative Law 2009-2010 (Questions and Answers)

Down working A. All of the above, 2. Collective 15 Max. Can't find … Answer B , Tripartite, individual Answer A ,

Violation of the Governor's order is a gross misdemeanor, so a person can be arrested for it. Does "he" have the right to jail people? No, that is not the function of his office. But local law enforcement anywhere in the state can enforce the statute. Since it only went in

Discuss the Judicial Remedies Approach: Define judicial remedies Identify and discuss the judicial remedies Elements and Applications of Judicial remedies Suggested Answer Judicial remedies are means which a court of law in exercising of enforcement of right, imposes a penalty or makes an order in the ordinary proceeding of a court. Where an application for judicial review is successful the following remedies are available. AG, held that prerogative orders are remedies for the exercise of power by those in public offices, and they are available to give relief where a private person is challenging the decision or action of a public authority or public body or anyone actibng in the exercise of a public duty. In R V Barker 3 Burr , the purposes was to prevent disorder from the failure of justice. A mandatory order compels public authorities to fulfill their duties. Whereas quashing and prohibition orders deal with wrongful acts, a mandatory order addresses wrongful failure to act. A mandatory order is similar to a mandatory injunction below as they are orders from the court requiring an act to be performed.


ADMINISTRATIVE LAW. Multiple Choice and Short-Answer Questions and. Answers. Third Edition. LINDA D. JELLUM. Ellison Capers Palmer Sr. Professor of.


Questions & Answers: Administrative Law

Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rule making , adjudication , or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law.

Administrative law

With an OverDrive account, you can save your favorite libraries for at-a-glance information about availability. Find out more about OverDrive accounts. Russell L. This study guide uses over multiple-choice and short-answer questions to test your students' knowledge of administrative law and procedure.

What are you waiting for? You just need to create a FREE account. We have made it easy for you to find a PDF Ebooks without any digging. Our library is the biggest of these that have literally hundreds of thousands of different products represented. I did not think that this would work, my best friend showed me this website, and it does! I get my most wanted eBook.

Each chapter includes typical questions; diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic and suggestions on further reading. This chapter is about judicial review. This is the means by which the citizen can use the courts to ensure that a public body obeys the law. The questions in the chapter deal with issues such as the erratic development of administrative law; the procedure to apply for judicial review; the right to apply locus standi , procedural ultra vires ; natural justice; and substantive ultra vires. Access to the complete content on Law Trove requires a subscription or purchase.

Акт безжалостного уничтожения. Бесчувственная демонстрация силы страной, уже добившейся победы. С этим Танкадо сумел примириться. Но он не смог примириться с тем, что этот взрыв лишил его возможности познакомиться с собственной матерью. Произведя его на свет, она умерла из-за осложнений, вызванных радиационным поражением, от которого страдала многие годы.

Administrative Law Questions and Answers

3 COMMENTS

Colette F.

REPLY

Something wonderful king and i pdf play piano in a flash the next step pdf

Iva D.

REPLY

Get help with your Administrative law homework. Access the answers to hundreds of Administrative law questions that are explained in a way that's easy for you.

Tyler A.

REPLY

How delegated powers are controlled substantiate your answer with leading cases?Ans. Delegate means to give, legislation means law making or rule making or.

LEAVE A COMMENT