Judicial Review

Where is judicial review available?

What are the three main grounds for judicial review?

Where is the right to judicial review preserved in statute?

What are the leading cases on whether someone has standing for judicial review?

What cases state that the courts should not analyse the merits of a public decision?

What bodies are amenable to judicial review?

Where is a case not justiciable?

Why are courts reluctant to intervene in political decisions?

Give an example of a case which was ruled to be non-justiciable and explain why.

What is illegality?

What are the subcategories under illegality?

Can illegality be a grounds for judicial review where there is a breach of international legislative instruments? Explain.

What are relevant mandatory considerations?

What are irrelevant considerations?

Why is mistake of fact a controversial grounds for judicial review under illegality?

What case tells us that no discretion is unfettered, even if it appears to have no limitations in statute?

What is the leading case in New Zealand on making irrelevant considerations? What does it tell us?

Explain the relevance of statutory interpretation to relevant and irrelevant considerations.

What cases tell us that mandatory relevant considerations may be implicit?

What does Minister of Aboriginal Affairs v Peko-Wallsend Ltd (1986) 66 ALR 229 (HCA) tell us?

When is discretion deemed to be used for improper purposes?

What cases explain improper purposes?
What do the cases say?

Can discretion be used for purposes outside statute which does not frustrate the purpose of the statute?

What cases discuss use of discretion outside of strictly authorised purposes, but not for improper purposes?

What is the state of the grounds of mistake of fact in New Zealand?

What is the state of the grounds of mistake of fact overseas?

What is the leading case on unreasonableness generally?

What is the standard for unreasonableness in New Zealand?

What is the state of the grounds of proportionality for judicial review in New Zealand?

What is the status of the defence of proportionality in New Zealand?

Explain Taylor v Chief Executive of the Department of Corrections [2015] NZAR 1648 (CA)

What are the two principles of natural justice?

Where is the right to natural justice preserved in statute?

Explain Ridge v Baldwin [1964] AC 40; [1963] 2 All ER 66 (HL).

Explain Daganayasi in relation to procedural impropriety.

Which case sets out where the right to natural justice applies?

What are the two types of bias?

What is one of the founding presumptive bias cases?

Give an example of a presumptive bias case in New Zealand.

Give an example of a recent presumptive bias case overseas.

What is apparent bias?

What is the standard for predetermination in New Zealand?

What are the requirements for a legitimate expectation? What case is this articulated in?

What happens if a legitimate expectation is breached?

What are the major downsides to judicial review?

Why might the court make a decision voidable, rather than invalid?