DOCSLIB.ORG

Textbook on Administrative Law This Page Intentionally Left Blank Textbook on Administrative Law

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Textbook on Administrative Law This Page Intentionally Left Blank Textbook on Administrative Law Textbook on Administrative Law This page intentionally left blank Textbook on Administrative Law Seventh Edition Peter Leyland Professor of Public Law, London Metropolitan University Gordon Anthony Professor of Public Law, Queen’s University, Belfast 1 3 Great Clarendon Street, Oxford, OX2 6DP, United Kingdom Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries © Peter Leyland and Gordon Anthony 2013 The moral rights of the authors have been asserted Fourth edition 2002 Fifth edition 2005 Sixth edition 2009 Impression: 1 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above You must not circulate this work in any other form and you must impose this same condition on any acquirer Public sector information reproduced under Open Government Licence v1.0 (http://www.nationalarchives.gov.uk/doc/open-government-licence/ open-government-licence.htm) Crown Copyright material reproduced with the permission of the Controller, HMSO (under the terms of the Click Use licence) British Library Cataloguing in Publication Data Data available Library of Congress Cataloging in Publication Data Library of Congress Control Number: 2012944037 ISBN 978–0–19–960166–0 Printed in Great Britain by Ashford Colour Press Ltd, Gosport, Hampshire Links to third party websites are provided by Oxford in good faith and for information only. Oxford disclaims any responsibility for the materials contained in any third party website referenced in this work. OUTLINE CONTENTS 1 Introduction: theory and history 1 2 Constitutional context 18 3 European Union law and administrative law 39 4 Human rights and administrative law 58 5 The modern administrative state 81 6 The ombudsman principle 125 7 Dispute resolution: tribunals and inquiries 156 8 Introduction to judicial review 178 9 Extending the reach of judicial review: the public–private divide and the Royal prerogative 213 10 Limiting judicial review: ouster clauses and public interest immunity 236 11 Illegality I 267 12 Illegality II 288 13 Unreasonableness, irrationality, and proportionality 315 14 Equality 343 15 Legitimate expectations 353 16 Procedural impropriety I: statutory requirements 373 17 Procedural impropriety II: common law rules 384 18 Remedies in judicial review 430 19 Contracting and public bodies 447 20 Public authority liability in tort 458 21 Conclusion: administrative law facing the future 481 This page intentionally left blank DETAILED CONTENTS Preface xiii Table of Cases xv Table of Legislation xxix Glossary of Terms xxxvi 1 Introduction: theory and history 1 1.1 Introduction 1 1.5 Administrative law and the origins of 1.2 Defi nition 1 the modern state 10 1.3 Law and context 4 1.6 Conculsion towards a grievance chain in administrative justice? 14 1.4 Red and green light perspectives 5 2 Constitutional context 18 2.1 Introduction 18 2.5 Parliamentary sovereignty and the 2.2 Parliamentary sovereignty 19 assertion of judicial authority 26 2.3 The Westminster and Whitehall 2.6 Separation of powers: nature and models 20 implications 29 2.4 Individual ministerial responsibility 2.7 The rule of law 34 and the role of Parliament and 2.8 Conclusion 36 MPs 21 3 European Union law and administrative law 39 3.1 Introduction 39 3.3 EU law in the UK 49 3.2 EU law and national legal systems: the 3.4 Conclusion 55 obligations of membership 40 4 Human rights and administrative law 58 4.1 Introduction 58 4.4 The Human Rights Act, the ECHR, 4.2 Human rights and the common law and constitutional principle 66 pre-Human Rights Act 60 4.5 The EU Charter of Fundamental 4.3 Why give effect to the ECHR? 64 Rights 78 4.6 Conclusion 79 viii Detailed contents 5 The modern administrative state 81 5.1 Introduction 81 5.7 Police authorities 111 5.2 Powers 83 5.8 Privatisation and regulation 112 5.3 Central government 90 5.9 Citizen’s Charter to Customer Service 5.4 The National Health Service 98 Excellence 119 5.5 Non-departmental public bodies 100 5.10 Freedom of information 120 5.6 Devolution and local government 102 5.11 Conclusion 122 6 The ombudsman principle 125 6.1 Introduction 125 6.7 Open government and freedom of 6.2 Constitutional context 126 information 138 6.3 Parliamentary Ombudsman: ‘MP 6.8 The PO’s workload 139 fi lter’ or direct access 128 6.9 Investigations by the PO 141 6.4 What is maladministration? 129 6.10 The complaints industry: a 6.5 Investigatory procedures and powers proliferation of ombudsmen 147 established under the Parliamentary 6.11 Citizen’s Charter, Customer Service Commissioner Act 1967 132 Excellence, and the quest for ‘good 6.6 Limits to the PO’s jurisdiction 136 administration’ 150 6.12 Conclusion 152 7 Dispute resolution: tribunals and inquiries 156 7.1 Introduction 156 7.6 Tribunals: conclusion 168 7.2 Courts and tribunals compared 157 7.7 Inquiries 169 7.3 Tribunal procedure and the Human 7.8 Public inquiries for special Rights Act 1998 160 purposes 172 7.4 The Leggatt Report and the 7.9 The Inquiries Act 2005 175 establishment of a unifi ed tribunal 7.10 Conclusion 176 service 161 7. 5 Appeals, judicial review, and the Cart case 167 8 Introduction to judicial review 178 8.1 Introduction 178 8.7 Public law and private law remedies: 8.2 Governmental power 180 which procedure? 194 8.3 The supervisory/appellate 8.8 Effective alternative remedies 199 distinction 182 8.9 An arguable case 200 8.4 Statutory powers, statutory duties, 8.10 Standing 201 and discretion 184 8.11 Time limits and delay 208 8.5 The emergence of judicial 8.12 Conclusion 210 review 187 8.6 The judicial review procedure 191 Detailed contents ix 9 Extending the reach of judicial review: the public–private divide and the Royal prerogative 213 9.1 Introduction 213 9.3 Judicial review and the prerogative 9.2 Identifying public law decisions: the powers 223 public–private divide 214 9.4 Conclusion 233 10 Limiting judicial review: ouster clauses and public interest immunity 236 10.1 Introduction 236 10.5 Implied limits on judicial review: (II) 10.2 Ouster and time limit clauses 237 public interest immunity 251 10.3 Subjective words 247 10.4 Error of law on the face of the record 249 11 Illegality I 267 11.1 Introduction 267 11.5 Relevant and irrelevant 11.2 The importance of statutory considerations 276 interpretation 268 11.6 Bad faith 286 11.3 Simple ultra vires 269 11.7 Conclusion 286 11.4 ‘Improper’ purpose 270 12 Illegality II 288 12.1 Introduction 288 12.5 Fettering discretion by wrongful 12.2 Fettering discretion: deciding by delegation 301 reference to a policy 289 12.6 Errors of law and errors of fact 304 12.3 Estoppel and the fettering of 12.7 Delegated (or subordinate) discretion 296 legislation 308 12.4 Fettering discretion by contract 299 12.8 Conclusion 313 13 Unreasonableness, irrationality, and proportionality 315 13.1 Introduction 315 13.5 Proportionality 325 13.2 Wednesbury unreasonableness 13.6 The Human Rights Act and and general unreasonableness proportionality 329 distinguished 316 13.7 Wednesbury and proportionality 13.3 History of unreasonableness 319 outside the Human Rights Act 339 13.4 Irrationality: Lord Diplock’s 13.8 Conclusion 340 reformulation in GCHQ 323 x Detailed contents 14 Equality 343 14.1 Introduction 343 14.4 Equality and the ECHR 347 14.2 Equality and the common law 344 14.5 Equality and statute law 350 14.3 Equality and EU law 346 14.6 Conclusion 351 15 Legitimate expectations 353 15.1 Introduction 353 15.4 Coughlan and the protection 15.2 When are legitimate expectations of substantive legitimate created? 355 expectations 363 15.3 The development of the 15.5 Unlawfully created legitimate doctrine 357 expectations 368 15.6 Conclusion 371 16 Procedural impropriety I: statutory requirements 373 16.1 Introduction 373 16.4 Conclusion—the common sense 16.2 Procedural ultra vires 374 approach? 382 16.3 Statutory requirements: indications from the case law 376 17 Procedural impropriety II: common law rules 384 17.1 Introduction 384 17.4 The rule against bias 415 17.2 History 386 17.5 Conclusion 428 17.3 The right to a hearing 400 18 Remedies in judicial review 430 18.1 Introduction 430 18.4 Remedies and the European 18.2 The origins and discretionary nature Communities Act 1972 441 of the remedies 431 18.5 Remedies and the Human Rights Act 18.3 The remedies 433 1998 442 18.6 Conclusion 445 19 Contracting and public bodies 447 19.1 Introduction 447 19.5 Void contracts 453 19.2 Government power to contract 448 19.6 Restitution and public authorities 455 19.3 Fettering discretion 451 19.7 Conclusion 456 19.4 Judicial accountability 453 Detailed contents xi 20 Public authority liability in tort 458 20.1 Introduction 458 20.4 A change in direction 472 20.2 Public authority liability: the 20.5 The Human Rights Act and liability in principal torts 460 tort 476 20.3 Negligence, public functions, and 20.6 Conclusion 479 limiting the common law duty of care 467 21 Conclusion: administrative law facing the future 481 21.1 Introduction: is there now a system of 21.4 The courts, human rights, and the administrative law? 481 reformed constitution 485 21.2 United Kingdom Supreme Court 483 21.5 A balanced constitution? 487 21.3 Freedom of information 484 21.6 Conclusion 490 Index 493 Public Law Online Resources from Oxford Visit www.oxfordtextbooks.co.uk/orc/publiclaw/ for access to a wealth of resources that accompany this book and have been designed to support your study of public law.
Load more

Recommended publications
  • Public Services Ombudsmen. This Consultation
    The Law Commission Consultation Paper No 196 PUBLIC SERVICES OMBUDSMEN A Consultation Paper ii THE LAW COMMISSION – HOW WE CONSULT About the Law Commission The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Rt Hon Lord Justice Munby (Chairman), Professor Elizabeth Cooke, Mr David Hertzell, Professor David Ormerod1 and Miss Frances Patterson QC. The Chief Executive is: Mr Mark Ormerod CB. Topic of this consultation This consultation paper deals with the public services ombudsmen. Impact assessment An impact assessment is included in Appendix A. Scope of this consultation The purpose of this consultation is to generate responses to our provisional proposals. Duration of the consultation We invite responses from 2 September 2010 to 3 December 2010. How to respond By email to: [email protected] By post to: Public Law Team, Law Commission, Steel House, 11 Tothill Street, London, SW1H 9LJ Tel: 020-3334-0262 / Fax: 020-3334-0201 If you send your comments by post, it would be helpful if, wherever possible, you could send them to us electronically as well (for example, on CD or by email to the above address, in any commonly used format. After the consultation In the light of the responses we receive, we will decide our final recommendations and we will present them to Parliament. It will be for Parliament to decide whether to approve any changes to the law. Code of Practice We are a signatory to the Government’s Code of Practice on Consultation and carry out our consultations in accordance with the Code criteria (set out on the next page).
    [Show full text]
  • The Parliamentary Ombudsman: Firefighter Or Fire-Watcher?
    12 The Parliamentary Ombudsman: Firefi ghter or fi re-watcher? Contents 1. In search of a role 2. The PCA’s offi ce 3. From maladministration to good administration 4. Firefi ghting or fi re-watching? (a) The small claims court (b) Ombudsmen and courts (c) Fire-watching: Inspection and audit 5. Inquisitorial procedure (a) Screening (b) Investigation (c) Report 6. The ‘Big Inquiry’ (a) Grouping complaints: The Child Support Agency (b) Political cases 7. Occupational pensions: Challenging the ombudsman 8. Control by courts? 9. Conclusion: An ombudsman unfettered? 1. In search of a role In Chapter 10, we considered complaints-handling by the administration, set- tling for a ‘bottom-up’ approach. Th is led us to focus on proportionate dispute resolution (PDR) and machinery, such as internal review, by which complaints can be settled before they ripen into disputes. In so doing, we diverged from the ‘top-down’ tradition of administrative law where tribunals are seen as court substitutes. We returned to the classic approach in Chapter 11, looking at the recent reorganisation of the tribunal service and its place in the administrative justice system. We saw how the oral and adversarial tradition of British justice was refl ected in tribunal procedure and considered the importance attached to impartiality and independence, values now protected by ECHR Art. 6(1). We, 529 The Parliamentary Ombudsman: Firefi ghter or fi re-watcher? however, argued that recent reshaping of the tribunal system left unanswered key questions about oral and adversarial proceedings and whether they are always the most appropriate vehicle for resolving disputes with the administra- tion.
    [Show full text]
  • Improving Administrative Redress in Jersey
    JERSEY LAW COMMISSION CONSULTATION PAPER IMPROVING ADMINISTRATIVE REDRESS IN JERSEY JERSEY LAW COMMISSION CONSULTATION PAPER No. 1/2016/CP APRIL 2016 The Jersey Law Commission is an independent body appointed by the States Assembly to identify and examine aspects of Jersey law with a view to their development and reform. This includes in particular: the elimination of anomalies; the repeal of obsolete and unnecessary enactments; the reductions of the number of separate enactments; and generally the simplification and modernisation of the law. Members of the Law Commission serve on a part-time basis and are unremunerated. The current Law Commissioners are: Mr Clive Chaplin (chairman) Advocate Barbara Corbett Advocate Alan Binnington Ms Claire de Than Mr Malcolm Le Boutillier Professor Andrew Le Sueur (the Topic Commissioner and author of this report) Mr Jonathan Walker Published by the Jersey Law Commission in April 2016 This publication is available free of charge on the Jersey Law Commission website. Jersey Law Commission Law House 1 Seale Street St Helier Jersey JE2 3QG www.jerseylawcommission.org [email protected] Improving Administrative Redress Consultation Paper | CP 2016/1 page 2 CONTENTS 1. INTRODUCTION .......................................................................................................................... 7 1.1. How to respond to this consultation ...................................................................................... 7 1.2. Administrative decision-making ..........................................................................................
    [Show full text]
  • Work of the Ombudsman
    House of Commons Public Administration Select Committee WORK OF THE OMBUDSMAN Written Evidence List of written evidence 1. M B Wright (PHSO 1) 2. Alan Vaughan (PHSO 2) 3. C N Rock (PHSO 3) 4. Alison Pope (PHSO 4) 5. Helga Warzecha (PHSO 5) 6. Brenda Prentice (PHSO 6) 7. Alan Reid (PHSO 7) 8. Which? (PHSO 8) 9. Dee Speers (PHSO 9) 10. James Titcombe (PHSO 10) 11. Action Against Medical Accidents (AvMA) (PHSO 11) 12. Anonymous (PHSO 12) 13. Uncaged Campaigns (PHSO 13) 14. Parliamentary and Health Service Ombudsman (PHSO 14) 15. Patrick Cockrell (PHSO 15) 16. W Morris (PHSO 16) 17. D R Tweedie (PHSO 17) Written evidence submitted by M.B.Wright (PHSO 1) 1) Although we understand the PASC cannot look at individual cases, we have a long outstanding and legitimate grievance against the PHSO case which highlights very serious failings by various senior members of that organisation, and they have resisted all attempts to get them to explain and/or justify their unsustainable position. Given the role they nominally perform, their reluctance – indeed their determination –not to even try to substantiate their indefensible position is very worrying – and suspicious. 2) We have submitted full detailed information of this travesty – with photocopies of all salient documents – to the PHSO, yet they negligently and unprofessionally overlooked the undisputed facts and merely nodded through the unsustainable status quo, presumably believing they would never hear of it again. When we quite properly questioned their flawed decision – sending copies of various letters and emails confirming our position and drawing attention to the errors in their findings – they simply clammed up and refused to explain themselves.
    [Show full text]
  • A History of the University of Manchester Since 1951
    Pullan2004jkt 10/2/03 2:43 PM Page 1 University ofManchester A history ofthe HIS IS THE SECOND VOLUME of a history of the University of Manchester since 1951. It spans seventeen critical years in T which public funding was contracting, student grants were diminishing, instructions from the government and the University Grants Commission were multiplying, and universities feared for their reputation in the public eye. It provides a frank account of the University’s struggle against these difficulties and its efforts to prove the value of university education to society and the economy. This volume describes and analyses not only academic developments and changes in the structure and finances of the University, but the opinions and social and political lives of the staff and their students as well. It also examines the controversies of the 1970s and 1980s over such issues as feminism, free speech, ethical investment, academic freedom and the quest for efficient management. The author draws on official records, staff and student newspapers, and personal interviews with people who experienced the University in very 1973–90 different ways. With its wide range of academic interests and large student population, the University of Manchester was the biggest unitary university in the country, and its history illustrates the problems faced by almost all British universities. The book will appeal to past and present staff of the University and its alumni, and to anyone interested in the debates surrounding higher with MicheleAbendstern Brian Pullan education in the late twentieth century. A history of the University of Manchester 1951–73 by Brian Pullan with Michele Abendstern is also available from Manchester University Press.
    [Show full text]
  • Review of the Machinery of Government: Terms of Reference and Membership
    REVIEW OF THE MACHINERY OF GOVERNMENT: TERMS OF REFERENCE AND MEMBERSHIP _______________ Lodged au Greffe on 19th January 1999 by the Policy and Resources Committee ______________________________ STATES OF JERSEY STATES GREFFE 175 1999 P.13 Price code: C PROPOSITION THE STATES are asked to decide whether they are of opinion - to refer to their Act dated 1st September 1998, in which they approved in principle the appointment of a body to undertake a review of all aspects of the machinery of government in Jersey and - (a) to approve the terms of reference of the review as follows - to consider whether the present machinery of government in Jersey is appropriate to the task of determining, co-ordinating, effecting and monitoring all States policies and the delivery of all public services; including - · the composition, operation and effectiveness of the States Assembly; · the composition, operation and effectiveness of the Committees of the States; · the role and respective responsibilities of the States, the Committees and the Departments in achieving an efficient and effective strategic and business planning and resource allocation process; and · the role of the Bailiff; but excluding - · the constitutional relationship between the Bailiwick and the United Kingdom; and · the constitutional relationship between the Bailiwick and the European Union; and to make recommendations to the Committee on how the present machinery of government could be improved; (b)(i) to agree that the membership of the Review Body should comprise five local residents and four persons resident outside the Island, with an independent chairman; and (ii) to appoint the following as chairman and members of the Review Body - Non - Local Sir Cecil Clothier - Chairman Sir Kenneth Percy Bloomfield Professor Vernon Bernard Bogdnanor Professor Michael Gilbert Clarke Local Mr.
    [Show full text]
  • Designing a Public Services Ombudsman for Jersey
    JERSEY LAW COMMISSION TOPIC REPORT DESIGNING A PUBLIC SERVICES OMBUDSMAN FOR JERSEY Topic Report No.1/2018/TR November 2018 2 The Jersey Law Commission is an independent body appointed by the States Assembly to identiFy and examine aspects oF Jersey law with a view to their development and reForm. This includes in particular: the elimination oF anomalies; the repeal oF obsolete and unnecessary enactments; the reductions oF the number oF separate enactments; and generally, the simpliFication and modernisation oF the law. Members oF the Law Commission serve on a part-time basis and are unremunerated. The current Law Commissioners are: Mr Clive Chaplin (chairman) Advocate Barbara Corbett ProFessor Claire de Than Mr Malcolm Le Boutillier ProFessor Andrew Le Sueur (the Topic Commissioner anD author of this report. His term of office enDeD 7 October 2018) Mr Jonathan Walker Published by the Jersey Law Commission in November 2018. This publication is available to download Free oF charge on the Jersey Law Commission website. Jersey Law Commission Address For correspondence: Jersey Law Commission Care oF: Corbett Le Quesne 1a West’s Centre St Helier Jersey JE2 4ST www.jerseylawcommission.org [email protected] Jersey Law Commission: Designing a Public Services Ombudsman For Jersey 3 SUMMARY What coulD anD shoulD a public services OmbuDsman scheme For Jersey look like? Those are the overarching questions addressed in this report oF the Jersey Law Commission. To help policy makers (oFFicials and Ministers), we identiFy options (the ‘could’ question). To do this, we examine international benchmarks For good design oF ombudsman organisations, other design principles, the design and operation oF 13 Ombudsman schemes in small jurisdictions, developments in Ombudsman organisations across the United Kingdom, knowledge oF Jersey (gained From a series oF research interviews and the lived experience oF the Law Commissioners) and academic research.
    [Show full text]
  • Government by Inquiry
    House of Commons Public Administration Select Committee Government By Inquiry Written Evidence Ordered by The House of Commons to be printed 9 December 2004 HC 51-II Published on 4 January 2005 by authority of the House of Commons London: The Stationery Office Limited £11.00 The Public Administration Select Committee The Public Administration Select Committee is appointed by the House of Commons to examine the reports of the Parliamentary Commissioner for Administration, of the Health Service Commissioners for England, Scotland and Wales and of the Parliamentary Ombudsman for Northern Ireland, which are laid before this House, and matters in connection therewith and to consider matters relating to the quality and standards of administration provided by civil service departments, and other matters relating to the civil service; and the committee shall consist of eleven members. Current membership Tony Wright MP (Labour, Cannock Chase) (Chairman) Mr Kevin Brennan MP (Labour, Cardiff West) Annette Brooke MP (Liberal Democrat, Mid Dorset and Poole North) Mrs Anne Campbell MP (Labour, Cambridge) Sir Sydney Chapman MP (Conservative, Chipping Barnet) Mr David Heyes MP (Labour, Ashton under Lyne) Mr Kelvin Hopkins MP (Labour, Luton North) Mr Ian Liddell-Grainger MP (Conservative, Bridgwater) Mr Gordon Prentice MP (Labour, Pendle) Hon Michael Trend, CBE MP (Conservative, Windsor) Mr Brian White MP (Labour, Milton Keynes North East) Powers The committee is one of the select committees, the powers of which are set out in House of Commons Standing Orders, principally in SO No 146. These are available on the Internet via www.parliament.uk. Publications The Reports and evidence of the Committee are published by The Stationery Office by Order of the House.
    [Show full text]
  • The Tomlinson Report and After: Reshaping London’S Health Services, 1992- 1997
    The Tomlinson Report and After: Reshaping London’s Health Services, 1992- 1997 Edited by Martin Gorsky and Virginia Preston Centre for History in Public Health, London School of Hygiene and Tropical Medicine ICBH Witness Seminar Programme The Tomlinson Report and After: Reshaping London’s Health Services, 1992-1997 Seminar held Tuesday 13 November 2012, 1.30-6pm Room 1.18 (Moot Hall), Somerset House East Wing, King’s College London Published by the Institute of Contemporary British History and London School of Hygiene and Tropical Medicine, 2013. We are grateful to the Wellcome Trust for a grant made to the Centre for History in Public Health at LSHTM, which provided financial support for this meeting. ISBN: 978 0 902657 96 8 © Institute of Contemporary British History and London School of Hygiene and Tropical Medicine, 2013. Images by Anne Koerber/LSHTM. All rights reserved. Not to be reproduced without permission. Contact [email protected] for more information. ii Contents Contributors 1 Timeline of Key Events 4 Seminar Transcript: Part One 6 Introductory paper by Geoffrey Rivett 8 Part Two 36 Part Three 56 Part Four 70 iii Contributors Chair: Nicholas Timmins - Senior Fellow Institute for Government and the King‘s Fund. Visiting professor King‘s College, London. Public Policy Editor, Financial Times, 1996-2012. Witnesses: Virginia Beardshaw - Secretary King‘s Fund London Commission (1990); founder Fellow, King‘s Fund Institute (1983), NHS, Director of Modernisation for London (1997-2001). Professor Sir Michael Bond – Member, Tomlinson Enquiry (1991-92); Professor of Psychological Medicine, University of Glasgow, 1973-98, now Emeritus Professor.
    [Show full text]
  • Improving Administrative Redress in Jersey
    JERSEY LAW COMMISSION TOPIC REPORT IMPROVING ADMINISTRATIVE REDRESS IN JERSEY TOPIC REPORT No. 1/2017/TR 18 October 2017 The Jersey Law Commission is an independent Body appointed By the States AssemBly to identify and examine aspects of Jersey law with a view to their development and reform. This includes in particular: the elimination of anomalies; the repeal of obsolete and unnecessary enactments; the reductions of the numBer of separate enactments; and generally, the simplification and modernisation of the law. Members of the Law Commission serve on a part-time basis and are unremunerated. The current Law Commissioners are: Mr Clive Chaplin (chairman) Advocate BarBara CorBett Ms Claire de Than Mr Malcolm Le Boutillier Professor Andrew Le Sueur (the Topic Commissioner and author of this report) Mr Jonathan Walker PuBlished By the Jersey Law Commission on 18 OctoBer 2017. This puBlication is availaBle to download free of charge on the Jersey Law Commission weBsite. Jersey Law Commission Law House 1 Seale Street St Helier Jersey JE2 3QG www.jerseylawcommission.org [email protected] Improving Administrative Redress – Topic Report 2017 | page 2 GLOSSARY OF TERMS 10 SUMMARY OF REPORT 15 CHAPTER 1 ABOUT THE ADMINISTRATIVE REDRESS PROJECT 16 About this report 16 Administrative decisions 16 The changing face of administrative decision-making in Jersey 18 Administrative redress 18 Other reform initiatives linked to administrative redress 20 Pervasive issues across the system 21 What was excluded from this project 23 How much will
    [Show full text]
  • Parliament's Watchdogs: at the Crossroads
    Parliament’s Watchdogs: At The Crossroads edited by Oonagh Gay & Barry K Winetrobe UK Study of Parliament Group ISBN: 978-1-903903-49-0 Published by The Constitution Unit Department of Political Science UCL (University College London) 29-30 Tavistock Square London WC1H 9QU Tel: 020 7679 4977 Fax: 020 7679 4978 Email: [email protected] Web: www.ucl.ac.uk/constitution-unit/ © The Constitution Unit, UCL 2008 This report is sold subject to the condition that it shall not, by way of trade or otherwise, be lent, hired out or otherwise circulated without the publisher’s prior consent in any form of binding or cover other than that in which it is published and without a similar condition including this condition being imposed on the subsequent purchaser. First published December 2008 2 Table of Contents Foreword……………………………………………………………………… 5 Dr Tony Wright MP Note on Contributors……………………………………………………….. 7 Preface………………………………………………………………………… 9 Oonagh Gay & Barry K Winetrobe Chapter 1: Introduction - Watchdogs in Need of Support…………… 11 Oonagh Gay & Barry K Winetrobe Chapter 2: The UK Perspective: Ad Hocery at the Centre……........... 17 Oonagh Gay Chapter 3: Scotland’s Parliamentary Commissioners: An Unplanned Experiment……………………………………………………….. 33 Barry K Winetrobe Chapter 4: ‘Parliamentary Officers’ in Wales: Evolving Roles........... 47 Alys Thomas Chapter 5: An Overview of Northern Ireland's Constitutional Watchdogs……………………………………………………………………. 59 Ruth Barry & Zoe Robinson Chapter 6: Commonwealth Experience I – Federal Accountability and Beyond in Canada……………………………………………………… 71 Elise Hurtubise-Loranger Chapter 7: Commonwealth Experience II – Officers of Parliament in Australia and New Zealand: Building a Working Model……………... 81 Robert Buchanan Chapter 8: The Parliamentary Ombudsman: a Classical Watchdog……………………………………………………………………..
    [Show full text]
  • Parliamentary and Health Service Ombudsman Annual Report 2011
    Moving forward Annual Report 2011-12 Moving forward Annual Report 2011-12 Presented to Parliament pursuant to Section 10(4) of the Parliamentary Commissioner Act 1967 Presented to Parliament pursuant to Section 14(4) of the Health Service Commissioners Act 1993 Ordered by the House of Commons to be printed on 10 July 2012 HC 251 London: The Stationery Office £16.00 © Parliamentary and Health Service Ombudsman (2012). The text of this document (this excludes, where present, the Royal Arms and all departmental and agency logos) may be reproduced free of charge in any format or medium providing that it is reproduced accurately and not in a misleading context. The material must be acknowledged as Parliamentary and Health Service Ombudsman copyright and the document title specified. Where third party material has been identified, permission from the respective copyright holder must be sought. Any enquiries regarding this publication should be sent to us at [email protected]. This publication is available for download at www.official-documents.gov.uk and is also available from our website at www.ombudsman.org.uk. ISBN: 9780102979015 Printed in the UK for The Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office ID 2499447 07/12 Printed on paper containing 75% recycled fibre content minimum The images used in this report are not representative of any person or particular individual and are used purely for illustrative purposes only. Contents Foreword by Dame Julie Mellor, DBE 2 Our role, vision
    [Show full text]