Judicial Review: Principles, Grounds, and Remedies - Constitutional Law

Question 1

In judicial review, which of the following is NOT a valid ground for challenging an administrative decision?

Accepted Answer

Political expediency

Answer

Lack of jurisdiction

Answer

Procedural impropriety

Answer

Unreasonableness

Question 2

What is the principle of ultra vires?

Accepted Answer

An administrative body cannot act beyond its legal powers

Answer

Courts can only review legal errors of law made by tribunals

Answer

Administrative bodies are immune from judicial review

Answer

Judicial review is only available for decisions made by the highest level of government

Question 3

What is the meaning of the principle of legality in the context of judicial review?

Accepted Answer

Administrative action must have a lawful basis

Answer

The courts can only review decisions that are obviously unreasonable

Answer

Tribunals are immune from judicial review

Answer

Judicial review is only available for decisions made by the highest level of government

Question 4

What is the significance of the ouster clause in relation to judicial review?

Accepted Answer

It may prevent the courts from reviewing the decisions of a particular body

Answer

It requires the courts to give special deference to the decisions of certain tribunals

Answer

It expands the remedies available through judicial review

Answer

It has no impact on judicial review

Question 5

What is the principle of 'Wednesbury unreasonableness' in the context of judicial review?

Accepted Answer

A decision can only be quashed if it is so unreasonable that no reasonable person could have made it.

Answer

A decision must be based on all relevant factors and not on irrelevant factors.

Answer

A decision must be made in a fair and impartial manner.

Answer

A decision must be made within the powers conferred by the relevant legislation.

Question 6

True or False: Judicial review is primarily available to challenge the decisions of public bodies, including government departments and agencies.

Accepted Answer

True

Answer

False

Question 7

Which of the following Acts of Parliament in the UK codifies the grounds for judicial review?

Accepted Answer

Administrative Justice and Tribunals Act 2013

Answer

Human Rights Act 1998

Answer

Constitutional Reform Act 2005

Answer

Senior Courts Act 1981

Question 8

What is the distinction between 'ultra vires' and 'intra vires' in the context of judicial review?

Accepted Answer

Ultra vires actions are outside the powers of the public body, while intra vires actions are within their powers.

Answer

Intra vires actions are outside the powers of the public body, while ultra vires actions are within their powers.

Answer

Ultra vires actions are actions that are illegal, while intra vires actions are actions that are not illegal.

Answer

Intra vires actions are actions that are illegal, while ultra vires actions are actions that are not illegal.

Question 9

Which of the following is NOT a factor that courts may consider when exercising their discretion to grant a remedy in judicial review?

Accepted Answer

The personal preferences of the judge

Answer

The severity of the illegality

Answer

The impact of the remedy on the public interest

Answer

The availability of alternative remedies

Question 10

True or False: Judicial review is an adversarial process, with the claimant challenging the decision of the public body and the public body defending its decision.

Accepted Answer

True

Answer

False

Question 11

Which of the following is NOT a justiciable ground for judicial review of administrative action?

Accepted Answer

Political inexpediency

Answer

Illegality

Answer

Irrationality

Answer

Procedural impropriety

Question 12

What is the principle of 'proportionality' in the context of judicial review?

Accepted Answer

The court balances the benefits of the decision against its negative impacts.

Answer

The court must determine whether the decision was made 'in good faith'.

Answer

The court will not interfere unless the decision is 'manifestly unreasonable'.

Answer

The court will only consider the procedure used to make the decision, not its substantive merits.

Question 13

Which of the following principles underpins the concept of 'procedural fairness' in judicial review?

Accepted Answer

The right to be heard

Answer

The right to cross-examine witnesses

Answer

The right to legal representation

Answer

The right to a speedy trial

Question 14

What is the role of the courts in judicial review?

Accepted Answer

To ensure the legality and fairness of administrative decision-making.

Answer

To make policy decisions on behalf of the government.

Answer

To resolve disputes between private individuals.

Answer

To uphold the rule of law.

Question 15

Distinguish between a 'quashing order' and a 'prohibiting order' in judicial review.

Accepted Answer

A quashing order nullifies an unlawful decision, while a prohibiting order prevents an unlawful decision from being implemented.

Answer

Both quashing orders and prohibiting orders are utilized to nullify unlawful decisions.

Answer

A prohibiting order nullifies an unlawful decision, while a quashing order prevents an unlawful decision from being implemented.

Answer

Both quashing orders and prohibiting orders are used to prevent unlawful decisions from being implemented.

Question 16

Identify a valid ground for judicial review of administrative action.

Accepted Answer

Illegality

Answer

Wisdom

Answer

Expediency

Answer

Equity

Question 17

In which landmark case did the House of Lords establish the concept of ultra vires?

Accepted Answer

Anisminic v Foreign Compensation Commission

Answer

R (on the application of Simms) v Home Secretary

Answer

Associated Provincial Picture Houses v Wednesbury Corporation

Answer

GCHQ v Miller

Question 18

In judicial review cases, which standard of review is employed by the courts?

Accepted Answer

Wednesbury unreasonableness

Answer

Rational basis

Answer

Strict scrutiny

Question 19

Describe the role of precedent in judicial review.

Accepted Answer

To provide guidance and ensure consistency in decision-making.

Answer

To establish new legal concepts

Answer

To grant judges complete freedom in making decisions

Question 20

Explain the purpose of the Human Rights Act 1998 in relation to judicial review.

Accepted Answer

To provide a legal framework for judicial review of administrative actions that violate Convention rights.

Answer

To abolish judicial review entirely.

Question 21

Which of the following is NOT considered a ground for judicial review of administrative action in the UK?

Accepted Answer

Lack of resources

Answer

Irrationality

Answer

Procedural impropriety

Answer

Illegality

Question 22

The principle of 'ultra vires' in judicial review refers to a public body:

Accepted Answer

Acting beyond the legal powers granted to it.

Answer

Acting with excessive force.

Answer

Failing to follow proper procedures.

Question 23

The 'Wednesbury unreasonableness' test requires a decision to be so unreasonable that:

Accepted Answer

No reasonable person could have reached it.

Answer

It is based on inadequate evidence.

Answer

It is unfair to the parties involved.

Question 24

Which of the following is NOT a remedy typically available through judicial review in the UK?

Accepted Answer

Compensatory damages

Answer

Prohibition order

Answer

Mandamus

Answer

Quashing order

Question 25

The 'duty of fairness' in judicial review means that individuals affected by a decision should have:

Accepted Answer

A fair opportunity to be heard.

Answer

Decisions based on objective evidence.

Answer

Decisions made in a timely manner.

Question 26

In which landmark case did the court establish the 'Wednesbury unreasonableness' test?

Accepted Answer

Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948]

Answer

R v Secretary of State for the Home Department, ex parte Bugdaycay [1987]

Answer

R v Secretary of State for Transport, ex parte Factortame Ltd [1990]

Question 27

The 'proportionality' test in judicial review ensures that:

Accepted Answer

The means used to achieve a legitimate aim are proportionate to the aim itself.

Answer

Individuals are treated fairly.

Answer

Decisions are based on rational grounds.

Question 28

Regarding the 'public interest' in judicial review, which statement is TRUE?

Accepted Answer

The court considers the public interest when deciding whether to grant judicial review.

Answer

The public interest always outweighs the interests of individuals.

Answer

Judicial review is only available when there is a clear public interest.

Question 29

The main purpose of a 'quashing order' in judicial review is to:

Accepted Answer

Set aside an unlawful administrative decision.

Answer

Prevent a public body from acting in a particular way.

Answer

Compensate individuals for loss caused by an unlawful decision.

Answer

Order a public body to take a specific action.