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Extra info for Essential Administrative Law

Sample text

They should be subject to no rules save this: they must be fair ... The public interest demands it. Re Pergamon Press Ltd (1971), per Lord Denning MR Natural justice has a close association with natural law which has a history dating back to the Greeks in the 6th century BC. Whereas legal positivism asserts that persons possess only those rights that have been granted by human made law, natural law maintains that: • individuals have certain inalienable human rights which at all times have been reflected in universally accepted standards of justice; • those standards of justice require some minimum protection of human rights; • a valid law is one which: ❍ conforms to generally accepted standards of reason, reasonableness and justice (that is, ‘rational humaneness’, to use the words of the 19th century radical John Morley); and 25 ESSENTIAL ADMINISTRATIVE LAW ❍ does not violate fundamental human rights.

Such rules may be disallowed by the legislature or declared invalid by the courts. Judicial review In Church of Scientology v Woodward (1982), Brennan J described judicial review in the following terms: Judicial review is neither more nor less than the enforcement of the rule of law over executive action; it is the means by which executive action is prevented from exceeding the powers and functions assigned to the executive by law and the interests of the individual are protected accordingly.

IRRELEVANT PROPER . . . . . . . . . . . . . . IMPROPER REASONABLE . . . . . . . . UNREASONABLE PROPORTIONATE . . . . . DISPROPORTIONATE FACT . . . . . . . . . . . . . . . . . . LAW JURISDICTIONAL . . . . NON-JURISDICTIONAL FLEXIBLE . . . . . . . . . . . . . INFLEXIBLE CERTAIN . . . . . . . . . . . . . UNCERTAIN CONSISTENT . . . . . . . . . . INCONSISTENT The world is not to be divided into sheep and goats.

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