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Jurisdictional Error
Jurisdictional error is a concept in administrative law, particularly in the UK and Australia. Jurisdiction is the "authority to decide", and a jurisdictional error occurs when the extent of that authority is misconceived. Decisions affected by jurisdictional error can be quashed by judicial review. Examples of jurisdictional errors include asking a wrong question, ignoring relevant material, relying on irrelevant material, and breaching natural justice.''Craig v South Australia'' Australia In Australia, the definition of jurisdictional error can be found in High Court judgements. Hayne J has defined jurisdictional error in the following terms: A more specific definition of Jurisdictional error is defined as follows: The power of superior courts to respond to jurisdictional error by issuing the prerogative writs is entrenched in Australia's constitution: However, the term has been subject to criticism. In 2008, Kirby J held: Types Mark Aronson identifies eight cat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrative Law
Administrative law is the division of law that governs the activities of government agency, executive branch agencies of Forms of government, government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as "regulations"), adjudication, or the enforcement of laws. Administrative law is considered a branch of public law. Administrative law deals with the decision-making of such administrative units of government that are part of the executive branch in such areas as international trade, manufacturing, the Environment (biophysical), environment, taxation, broadcasting, immigration, and transport. Administrative law expanded greatly during the 20th century, twentieth century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction. Civil law countries often have specialized administrative courts that review these decisions. In civil law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Review In Hong Kong
Judicial review in Hong Kong is conducted according to the Constitutional and Administrative Law List (Practice Direction 26.1). It comprises two different aspects: firstly, judicial review of domestic legislation as to their compatibility with the Basic Law ("constitutional review"); secondly, judicial review of administrative decisions under administrative law ("administrative review"). Constitutional review In Hong Kong, constitutional review came into existence at the dawn of the British era, when the Legislative Council was created under the Hong Kong Letters Patent in 1843. From that time onwards, the position has been one in which, as the judiciary stated in ''R v Ibrahim'' (1913) 8 HKLR 1 at 18, Legislative Council of Hong Kong, our legislature is supreme "subject to its constitution" and any enactment beyond the legislative power provided by the constitution would be pronounced bad. The legislative power provided by the Letters Patent was to make laws for "peace, order ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Hong Kong
The law of the Hong Kong Special Administrative Region has its foundation in the English common law system, inherited from being a former British colony and dependent territory. There are several sources of law, the primary ones being statutes enacted by the Legislative Council of Hong Kong and case law made by decisions of the courts of Hong Kong. Since the handover in 1997, the constitutional framework is provided by the Hong Kong Basic Law, which is a piece of National Law of the People's Republic of China and has, practically, constitutional status in Hong Kong. The principle of ‘one country, two systems’ was enshrined in Article 5 of the Basic Law until at least 2047, which contrasts the ‘socialist system and policies’ and ‘the previous capitalist system and way of life’. The Basic Law provides that the common law system shall be maintained. Some commentators described the theoretically hybrid system of civil law and common law as unique, although there are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom Administrative Law
United Kingdom administrative law is part of UK constitutional law that is designed through judicial review to hold executive power and public bodies accountable under the law. A person can apply to the High Court to challenge a public body's decision if they have a "sufficient interest", within three months of the grounds of the cause of action becoming known. By contrast, claims against public bodies in tort or contract are usually limited by the Limitation Act 1980 to a period of 6 years. Almost any public body, or private bodies exercising public functions, can be the target of judicial review, including a government department, a local council, any Minister, the Prime Minister, or any other body that is created by law. The only public body whose decisions cannot be reviewed is Parliament, when it passes an Act. Otherwise, a claimant can argue that a public body's decision was unlawful in five main types of case: (1) it exceeded the lawful power of the body, used its power for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrative Law
Administrative law is the division of law that governs the activities of government agency, executive branch agencies of Forms of government, government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as "regulations"), adjudication, or the enforcement of laws. Administrative law is considered a branch of public law. Administrative law deals with the decision-making of such administrative units of government that are part of the executive branch in such areas as international trade, manufacturing, the Environment (biophysical), environment, taxation, broadcasting, immigration, and transport. Administrative law expanded greatly during the 20th century, twentieth century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction. Civil law countries often have specialized administrative courts that review these decisions. In civil law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Administrative Law
Australian administrative law defines the extent of the powers and responsibilities held by administrative agencies of Australian governments. It is basically a common law system, with an increasing statutory overlay that has shifted its focus toward codified judicial review and to tribunals with extensive jurisdiction. Australia possesses well-developed ombudsman systems and Freedom of Information legislation, both influenced by comparable overseas developments. Its notice and comment requirements for the making of delegated legislation have parallels to the United States. Australia's borrowings from overseas are still largely shaped by its evolution within a system of parliamentary democracy that loosely follows a Westminster system of responsibility and accountability. History The constitutional framework and development of administrative law in Australia was highly influenced by legal developments in the United Kingdom and United States. At the end of the 19th century, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Administrative Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Review In New Zealand
__NOTOC__ Judicial review, under which executive actions of the Government are subject to review, and possible invalidation, is used in New Zealand. Judicial review is carried out by a judge of the High Court of New Zealand. Legislative action is not justiciable in the High Court under New Zealand's Westminster constitutional arrangements; Parliament remains supreme in law. Part 1 of that the Judicature Amendment Act 1972 was re-enacted by Parliament via the Judicial Review Procedure Act 2016. It states in Section 3: (1) The purpose of this Act is to re-enact Part 1 of the Judicature Amendment Act 1972, which sets out procedural provisions for the judicial review of— (a) the exercise of a statutory power: (b) the failure to exercise a statutory power: (c) the proposed or purported exercise of a statutory power. (2) The reorganisation in this Act of those provisions, and the changes made to their style and language, are not intended to alter the interpretation or effect of those ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Review In Malaysia
Although Malaysia inherited the political system of British India based on the Westminster system, which made no provision for judicial review, the Federal Constitution of Malaysia instituted a system based on that of India which was in turn influenced by other constitutions including that of the United States. Judges are empowered to declare laws or executive actions ''ultra vires'' if they clashed with the Constitution and/or the parent legislation. However, this power was curbed after the 1988 Malaysian constitutional crisis by then Prime Minister Mahathir bin Mohamad through amendments to the Federal Constitution. A particularly significant amendment was the removal of the judicial power and subjecting the judiciary to such jurisdiction and powers as may be conferred by or under federal law. The merits of detentions made under the Internal Security Act are also not subject to judicial review, but the procedures are. References Law of Malaysia Malaysia Malaysia ( ; ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Diplock
William John Kenneth Diplock, Baron Diplock, (8 December 1907 – 14 October 1985) was a British barrister and judge who served as a lord of appeal in ordinary between 1968 and until his death in 1985. Appointed to the English High Court in 1956 and the Court of Appeal five years later, Diplock made important contributions to the development of constitutional and public law as well as many other legal fields. A frequent choice for governmental inquiries, he is also remembered for proposing the creation of the eponymous juryless Diplock courts. Of him, Lord Rawlinson of Ewell wrote that "to his generation Diplock was the quintessential man of the law". Early life and legal career Kenneth Diplock was born in South Croydon, the son of solicitor William John Hubert Diplock and his wife Christine Joan Diplock, ''née'' Brooke. He was educated at Whitgift School in Croydon and University College, Oxford, where he read chemistry and graduated with a second-class degree in 1929. H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Council Of Civil Service Unions V Minister For The Civil Service
''Council of Civil Service Unions v Minister for the Civil Service'' , or the GCHQ case, is a United Kingdom constitutional law and UK labour law case that held the royal prerogative was subject to judicial review. In 1984, by issuing an Order in Council using the royal prerogative, the government of Margaret Thatcher banned employees of the Government Communications Headquarters (GCHQ) from joining any trade union for "national security" reasons. The Council of Civil Service Unions claimed in judicial review that the order defeated their legitimate expectation of being able to collectively bargain for fair wages. The High Court of Justice held the Order in Council was invalid. The Court of Appeal held national security concerns meant that judicial review was impossible. The House of Lords held that exercises of the royal prerogative were subject to judicial review, but there were exceptions, including for matters of national security. This was a significant break from the previous ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Review In Scotland
Judicial review in Scotland is a part of United Kingdom constitutional law that functions within the framework of Scots administrative law. The power of judicial review of all actions of governmental and private bodies in Scotland is held by the Court of Session. The procedure is governed by Chapter 58 of the Rules of Court. Approximately 600 judicial review cases are raised every year, but most are settled by agreement with only a small minority having to be decided by the court. Procedure There is a 3-month time limit on seeking judicial review (see Courts Reform (Scotland) Act 2014), although if proper administration is prejudiced by delay on the part of the pursuer, the court may exercise its discretion and refuse to grant a review. Despite the procedural differences, the substantive laws regarding the grounds of judicial review in Scotland are similar to those in other western legal systems, with decisions in one jurisdiction regarded as highly persuasive in the others. Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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