This website uses cookies to ensure you get the best experience on our website. Learn more

Law Notes Administrative Law Notes

Jurisdiction Notes

Updated Jurisdiction Notes

Administrative Law Notes

Administrative Law

Approximately 1167 pages

Administrative Law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all the major LLB aspects and so are perfect for anyone doing an LLB in the UK or a great supplement for those doing LLBs abroad, whether that be in Ireland, Canada, Hong Kong or Malaysia (University of London). These notes were formed directly from a reading of the cases and main texts and are vigorous, concise and very well written. Everything is conveniently split up by topic as you can see by th...

The following is a more accessible plain text extract of the PDF sample above, taken from our Administrative Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Exceeding Jurisdiction: Error of Law Endicott Reading: 9. Errors of law and control of fact finding 9.1 The discretionary power to determine the law * * * R v Hull Uni Visitor ex p Page 1993: Courts took upon themselves a power to review exercises of administrative jurisdiction for error of law. That development was grounded on mistaken arguments of precedent, cannot be justified on grounds of cinsti principle. Error of law: refer here to a mistaken conclusion as to content of legal standard that PA has to apply in a case. Remarkable feature of novel error of law (that any error is enough) arose from myth about Anisminic 9.2 Anisminic: the myth * * * Lord Diplock in Racal 1981: "...the old distinction between error of law that went to jurisdiction and errors of law that did not, was for practical purposes abolished. ANY error of law on matters of fact or admin policy would result in asking wrong question and so decision reached would be nullity." Lord Diplock in Mackman 1983: "Breakthrough of Anisminic was recognition by majority of this House that if a tribunal whose jurisdiction was limited by statute or subordinate leg mistook law applicable to facts as it had found them, it must have asked itself the wrong question.' Lord BW endorsed Diplock's view in Page, his reasoning boils donw to: you can quash an error of law for error of law. 9.3 Anisminic: the decision * * * * * Lord Wilberforce: approved Denning's 'A tribunal may often decide a point of law wrongly whilst keeping well within its jurisdiction.' Lord Reid: Stuck to his view in ex p Armah that neither an error in fact nor an error in law will destroy jurisdiction. BUT, can quash it not because error of law, but because of result of making an an error of law they dealt with matter which they had no right to deal with.' Lord Pearce: Decision maker will 'step outside jurisdiction' only if it asks itself the wrong question. All three did decide that PA decision was nullity. Why? Key to all confusion was 'ouster clause'. Commission only be challenged if 'determination' was not a determination at all. This is denying the undeniable, that commission made decision. Majority's decision takes a sound basic principle, and overextends it. 9.4 Anisnimic: the kernel of good sense * * * Good point in Lords judgment is that a forged 'determination' is not a determination...but what is difference between a bad determination and no determination? Lord Reid gives a list of things that would be nullity: ia bad faith, failed to comply with req of natural justice...refused to take into account something which it was required to take into account or may have based its decision on some matter which, under the provisions, it had no right to take into account: These last two are why Diplock misinterpreted the case because he thought that determination is null and void if ANY misconstruction, or irrelevant consideration, is involved (what Lord Reid probably

Buy the full version of these notes or essay plans and more in our Administrative Law Notes.

More Administrative Law Samples