LLB230 Lecture Notes - Lecture 10: United Dairies, World Youth Day 2008, Statutory Interpretation
WEEK 10: Judicial review
The HC has jurisdiction to issue remedies s 75(V)
- Ground of review is linked to the power to make the decision ie statutory
executive
- Principles in CL
- Decision of inferior courts can be reviewed
- Jurisdictional error ie unreasonableness
ADJR Act – mirror CL grounds
- Rely on cases for content
- s 5 ADJR and s 6 – conduct
- Unauthorised decision making and principle of legality
o‘Simple ultra-vires’ s 5(1)(b), (c), (d) and (f)
- Didn’t have power to make decision
Entik; Secretary of State authorised peeps to go into Entiks house
- no positive law
- can’t invade privacy unless there is a positive law to do so, for the benefit of
society
Hayden
- Hostage training scenario
- It went wrong and criminal acts were committed
- Could confidentiality agreement override criminal law?
- Cannot override positive law
- Executive power must be
Caneen
- The statutory meaning of the word ‘corruption’
- Instruct niece case
- ‘adversely affect’ could not extend to efficacy beyond ICAC powers
Relevant principles of Statutory construction
- Statutory interpretation ie context; the subject matter, what rights will be
affected, how much this particular construction will allow rights and values
- Don’t easily overturn the decision of a D-M
Common Law principles
- ‘Common Law Bill of Rights’
Herscu
- This falls outside of my statutory powers
- Those provisions don’t express the limitations of his power
- ‘General authority’ is implied in the act
Kent
- Telecom tower
- Tourist facilities; they don’t have the power under the act to make tourist activity
Coco v The Queen
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
The hc has jurisdiction to issue remedies s 75(v) Ground of review is linked to the power to make the decision ie statutory executive. Decision of inferior courts can be reviewed. Unauthorised decision making and principle of legality s 5 adjr and s 6 conduct: simple ultra-vires" s 5(1)(b), (c), (d) and (f) Entik; secretary of state authorised peeps to go into entiks house no positive law can"t invade privacy unless there is a positive law to do so, for the benefit of society. It went wrong and criminal acts were committed. The statutory meaning of the word corruption". Adversely affect" could not extend to efficacy beyond icac powers. Statutory interpretation ie context; the subject matter, what rights will be affected, how much this particular construction will allow rights and values. Don"t easily overturn the decision of a d-m. This falls outside of my statutory powers. Those provisions don"t express the limitations of his power.
