Administrative Law Case Study Example | Topics and Well Written Essays - 750 words

Administrative Law - instance Study ExampleThis principle, known as Wednesbury unreasonableness, requires William to establish that the Ministrys decision is William however is seeking to rely on a previous policy and to be treated as an exception to the existing, published policy. The question is whether he has a substantive right to do so, allow forn that decision makers go through the right to change their minds and have a duty to make unfettered decisions.4The doctrine of certain expectation5 recognizes that occasionally when a public ashes makes an unfettered decision injustice is done to a citizen. A citizen will have a legitimate expectation where an positive statement or other conduct of a public body has conduct to a reasonable belief that the citizen will be able to claim a benefit or advantage and it would be un just for the public body to deprive the citizen of that benefit or advantage. Examples include where an official letter stated that an interview would be gi ven before deportation6 and where an official circular stated that adoptions from afield would be allowed in certain circumstances.7 The fact that the compensation scheme came into being by the government physical exertion its prerogative powers will not preclude the court examining the justicability of the subject matter.8 In Council for Civil Service Unions v. pastor for the Civil Service 19849 their Lordships held that the trade unionists had a legitimate expectation that they would be consulted based on stiff consultation on conditions of service in the past until they were given reasons for its withdrawal and the opportunity to comment. In R v. North and East Devon Health Authorities Ex p Coughlan 2000 the local health authority reneged on a promise that the claimant would have a home for life. The Court of Appeal held that the statement was see and definitive and that it was reasonable for the claimant to rely on it. On the basis of the reported decisions William will ce rtainly have sufficient interest to apply for judicial review. Whether the court will bind the Ministry to honour its earlier policy on his behalf is a matter for the courts discretion. The court has to weigh the consequences of allowing Williams expectations to be filled against the unlawful fettering of the Ministrys discretion and frustration of Parliaments clear intention not to award compensation. He will certainly be entitled to a fair hearing and to be given reasons why he is to be denied the benefit. The court will only put forward that the Ministry honour his expectation if thither is some overriding public interest which justifies a departure10 Although William is required to state the remedy(ies) want in his initial application for judicial review, all remedies are discretionary in judicial review, and there is no guarantee that he will be granted any remedy even if he is successful. Technically speaking the court can order any one or more of 6 orders in a judicial rev iew application a quashing order, a mandatory order, a prohibitory order, an injunction, a declaration and damages. In practice however a legitimate expectation does not give an absolute right to a remedy - only a heightened claim to the benefit or advantage.11 broadly speaking the most