Administrative Law
Introduction
The essay is looking at what public bodies are for purposes of judicial review and why only such bodies are amenable to judicial review. In order to deal with the subject matter it is important to look at the definition of public bodies.
Definition
Under section 6(1) and (3) Human rights Act1 public authorities includes courts tribunals and anybody of whose function are functions of public nature.
It can also be said that what constitutes public body is not whether the body is owned by the state or in private ownership now days many functions for which the state is responsible are in fact undertaken by bodies that are privately owned. It is the court to decide on an application for judicial review, whether or not the body in question is a public body for purposes of judicial review.2 However parliament or persons exercising functions in connection with proceeding in parliament is not public authority except the house of hordes in king land in its judicial capacity.3
The case of R. V. City Panel on Takeover and Mergers ex parte Data Fin ltd, 4 the court ruled that although the city panel had no statutory or other legal source of power, it was never the less subject to judicial review on the basis that if the panel did not exist, its function would have been undertaken by a government department.
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By contrast in R. V. Disciplinary committee of the Jockey Club ex parte Aga Khan5, the Jockey Club disqualified a winning horse from a race for failing a dope case. On an application for judicial review of the decision, the court ruled that the relationship between the race horse owners and the club, and the powers of the club, derived from agreement between the parties. Accordingly it was a matter of private law. 1. Human Rights Act 1998 2. Hilaire Barnett [2011]. Understanding Public Law. p189 3. John Alder [2009]. Constitutional and Administrative Law. p.398. 4. [1987]. QB 815
The essay is looking at what public bodies are for purposes of judicial review and why only such bodies are amenable to judicial review. In order to deal with the subject matter it is important to look at the definition of public bodies.
Definition
Under section 6(1) and (3) Human rights Act1 public authorities includes courts tribunals and anybody of whose function are functions of public nature.
It can also be said that what constitutes public body is not whether the body is owned by the state or in private ownership now days many functions for which the state is responsible are in fact undertaken by bodies that are privately owned. It is the court to decide on an application for judicial review, whether or not the body in question is a public body for purposes of judicial review.2 However parliament or persons exercising functions in connection with proceeding in parliament is not public authority except the house of hordes in king land in its judicial capacity.3
The case of R. V. City Panel on Takeover and Mergers ex parte Data Fin ltd, 4 the court ruled that although the city panel had no statutory or other legal source of power, it was never the less subject to judicial review on the basis that if the panel did not exist, its function would have been undertaken by a government department.
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By contrast in R. V. Disciplinary committee of the Jockey Club ex parte Aga Khan5, the Jockey Club disqualified a winning horse from a race for failing a dope case. On an application for judicial review of the decision, the court ruled that the relationship between the race horse owners and the club, and the powers of the club, derived from agreement between the parties. Accordingly it was a matter of private law. 1. Human Rights Act 1998 2. Hilaire Barnett [2011]. Understanding Public Law. p189 3. John Alder [2009]. Constitutional and Administrative Law. p.398. 4. [1987]. QB 815
Bibliography: Hilaire, B. (2011). Understanding Public Law. New York: Rutledge Cavendish. Hilaire, B. (2011). Constitutional and Administrative Law. (8th ed). New York: Routledge. John, A. (2009). Constitutional and Administrative Law. (7th ed). New York: Palgrave Macmillan Richard, G. Eimear, S. And Rhona, S. (2001).Constitutiona and Administrative Law.(9th ed).London: Sweet and Maxwell.