Administrative

The Ombudsman

Office of Ombudsman The Ombudsman’s office was established in 1980, in order to offer redress to persons who have suffered loss or harm, due to “maladministration”. It offers the possibility of redress without the expense of court action and with the need to show identify illegality in administrative action.… Read the rest

Public Body Liability

Compensation and the State On an application for judicial review of an administrative decision, a claim for compensation may be made. If the applicant would have succeeded in a civil claim against the authority, damages may be awarded. … Read the rest

Powers and Duties

Administrative law Public authorities are generally conferred with powers and duties in relation to their particular areas of competence. The powers and duties will be usually conferred by the legislation which establishes the body concerned. The legislation will commonly set out the body’s objectives or purpose, with more or less detail of its powers.… Read the rest

Licensing Decisions

Licensing Schemes Licensing schemes are provided for a range of public policy reasons. There is generally a need to protect the public, so that only persons who are qualified and regulated may undertake a particular activity. … Read the rest

Licensing

Overview Many types of businesses or activities must be licensed. The licensing scheme will make it a requirement that a valid licence is held in order to lawfully conduct the business or activity. Licences are issued by a governmental or government-approved body or authority. … Read the rest

Legitimate Interests

Legitimate Expectations and Public Bodies The principle of legitimate expectations may apply to public bodies. The principle protects the legitimate expectations of citizens against arbitrary and unexpected changes in administrative procedure and practice. The legitimate expectations principle may require public bodies to abide by commitments, practice and procedure in certain circumstances. … Read the rest

Judicial Review

General Judicial review is a High Court procedure in which the legality of acts of public and administrative bodies may be challenged and found invalid. The focus is not on the merits of a decision, but on its legality.… Read the rest

Discretionary Powers

Discretionary Powers and Controls In many cases, governmental bodies’ powers are expressed in very broad discretionary terms. Literally read, the relevant powers seem to give the Minister, department or body concerned a discretion whether to, for example, grant a particular licence or take a particular step.… Read the rest

Discretionary Powers

Discretionary Powers Many governmental and public bodies’ functions and powers involve the exercise of discretion. Commonly, the departments and bodies are given broad powers and responsibilities, particularly in areas such as health, education and housing. The implementation of policies in such areas may involve the exercise of discretion at numerous levels.… Read the rest

Constitutional Justice

Fair Procedures The right to fair procedures in public decision making is accepted internationally as a basic principle of justice. The European Convention on Human Rights provides that in the determination of a person’s civil rights, he is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.… Read the rest