Administrative Law: Judicial Review and Remedies for Unlawful Actions

Question 1

Which of the following is NOT a valid ground for judicial review?

Accepted Answer

Political inexpediency

Answer

Illegality (decisions made outside of legal authority)

Answer

Irrationality (decisions that are not based on logical reasoning)

Answer

Procedural impropriety (failure to follow proper procedures)

Question 2

The remedy of certiorari is used to:

Accepted Answer

Quash a decision, rendering it legally void

Answer

Award monetary compensation (damages) to the applicant

Answer

Issue an injunction to prevent future unlawful action

Answer

Set aside a regulation issued by the government

Question 3

Which court in the United Kingdom has exclusive jurisdiction over judicial review proceedings?

Accepted Answer

High Court

Answer

Magistrates' Court

Answer

County Court

Answer

Supreme Court

Question 4

An example of a public body subject to judicial review is:

Accepted Answer

A local council

Answer

A private hospital

Answer

A charity

Answer

A trade union

Question 5

The primary role of the courts in administrative law is to:

Accepted Answer

Ensure that administrative action complies with the law

Answer

Substitute their own decisions for those of public bodies

Answer

Create new laws

Answer

Overturn government policies

Question 6

Which of the following cases is an example of the application of judicial review in the United Kingdom?

Accepted Answer

R (on the application of Miller) v Secretary of State for Exiting the European Union

Answer

Rv Adams

Answer

Donoghue v Stevenson

Answer

Marbury v Madison

Question 7

What is the primary distinction between prerogative remedies and statutory remedies in administrative law?

Accepted Answer

Prerogative remedies are available at common law, while statutory remedies are created by legislation.

Answer

Prerogative remedies are discretionary, while statutory remedies are mandatory.

Answer

Prerogative remedies are only available to individuals, while statutory remedies are available to both individuals and public bodies.

Answer

Prerogative remedies are more likely to be successful than statutory remedies.

Question 8

Identify the factor that is NOT considered by courts when assessing the reasonableness of an administrative decision.

Accepted Answer

The potential political consequences of the decision

Answer

The intended purpose of the decision

Answer

The supporting evidence available to the decision-maker

Answer

The financial implications of the decision

Question 9

Explain the impact of the Human Rights Act 1998 on judicial review in the United Kingdom.

Accepted Answer

It introduces a new ground for judicial review based on human rights violations.

Answer

It directly incorporates the European Convention on Human Rights into UK law.

Answer

It significantly restricts the scope of judicial review in specific areas.

Answer

It has no bearing on the principles and practices of judicial review.

Question 10

Differentiate between a prerogative order and a statutory order issued in judicial review proceedings.

Accepted Answer

Prerogative orders are based on common law principles, while statutory orders are based on specific legislation.

Answer

Prerogative orders originate from the High Court, while statutory orders are issued by lower courts.

Answer

Statutory orders originate from the High Court, while prerogative orders are issued by lower courts.

Answer

Statutory orders are based on common law principles, while prerogative orders are based on specific legislation.

Question 11

Which remedy allows an individual to claim monetary compensation for harm caused by an unlawful administrative action?

Accepted Answer

Damages

Answer

Injunction

Answer

Mandamus

Answer

Quashing order

Question 12

The doctrine of ultra vires is primarily intended to:

Accepted Answer

Prevent administrative bodies from exceeding their legal authority.

Answer

Ensure that administrative decisions are reasonable and logical.

Answer

Promote transparency and accountability within public administration.

Answer

Protect individuals from unfair or biased treatment.

Question 13

An example of a non-justiciable issue, not subject to judicial review, would be:

Accepted Answer

A government minister's decision to declare war.

Answer

A court's decision to impose a prison sentence.

Answer

A local authority's decision to grant planning permission.

Answer

A school's decision to expel a pupil.

Question 14

Which principle of natural justice ensures a fair hearing before a decision affecting someone's rights?

Accepted Answer

Audi alteram partem

Answer

Nemo judex in causa sua

Answer

Ultra vires

Answer

Doctrine of legitimate expectations

Question 15

To be subject to judicial review, it is essential that the action in question:

Accepted Answer

Involves a decision made by a public body.

Answer

Is a personal decision by a government minister.

Answer

Is a contract entered into by a public body.

Answer

Affects national security.

Question 16

Which of the following is a fundamental principle of natural justice?

Accepted Answer

Audi alteram partem

Answer

Res judicata

Answer

Double jeopardy

Question 17

Which factor can limit the scope of judicial review?

Accepted Answer

The decision-maker has a degree of discretion.

Answer

The decision must be made in accordance with the law.

Answer

The decision must be free from bias.

Answer

The decision must be based on evidence.

Question 18

Judicial review primarily serves which purpose?

Accepted Answer

To ensure that administrative actions are lawful and fair.

Answer

To allow the courts to overturn any decision made by a public body.

Answer

For the courts to establish policy.

Question 19

A significant advantage of judicial review is that it:

Accepted Answer

Promotes accountability of public bodies for their actions.

Answer

Enables the courts to make policy decisions.

Answer

Prevents public bodies from making decisions that are in the public interest.

Question 20

In the United Kingdom, which court is typically the first point of call for seeking judicial review of administrative actions?

Accepted Answer

High Court

Answer

Court of Appeal

Answer

Crown Court

Answer

Magistrates' Court

Question 21

Which of the following is a recognized ground for challenging an administrative action through judicial review?

Accepted Answer

Unreasonableness

Answer

Policy considerations

Answer

Discretionary powers

Answer

Efficiency

Question 22

What is the standard of proof required for a successful judicial review claim?

Accepted Answer

Balance of probabilities

Answer

Clear and convincing evidence

Answer

Beyond reasonable doubt

Answer

Preponderance of evidence

Question 23

When assessing the reasonableness of an administrative action, which factor is typically NOT considered by the courts?

Accepted Answer

Political expediency

Answer

Expert advice provided

Answer

Relevant legislation and case law

Answer

Evidence presented during the decision-making process

Question 24

What is the main purpose of procedural fairness in administrative law?

Accepted Answer

To ensure that individuals are treated fairly by public authorities in decision-making processes.

Answer

To minimize the workload of the courts by resolving issues early.

Answer

To establish clear procedures for public authorities to follow.

Answer

To promote efficient decision-making by public authorities.

Question 25

Which of the following examples best illustrates a discretionary power exercised by public authorities?

Accepted Answer

Granting a planning permission for a new development.

Answer

Issuing a passport based on identity verification.

Answer

Imposing a tax based on statutory regulations.

Answer

Making a criminal arrest based on reasonable suspicion.