English administrative judiciary



Historical Development



Historical Development
´The Court of King’s Bench – damages claims, Medieval times, part of King’s entourage
´XVII century changes:
´a) King lost the right to remove judges
´b) Prerogative Writs (Certiorari, Mandamus, Prohibition and Habeas Corpus)
´XIX century:
´High Court competent for administrative disputes – the Queen’s Bench Division – later became the
Administrative Court ´Appeal to the Court of Appeal and then to the House of Lords – as of 2009
Supreme Court of the UK

Albert Venn Dicey



Historical Development
´Administrative Tribunals:
´1660 – the Commissioner of Customs and Excise
´1799 – the General Commissioner of Income Tax
´XX century phenomenon – more than 80 by the end of XX century
´Product of the Welfare State
´Ad hoc, without plan, huge procedural and organizational variations
´No guarantees of independence and due process, no lawyers within
´Quasi-judicial entities

Historical Development
´Administrative Tribunals:
´Franks Committee on Tribunals and Enquiries (1957):
´Openness, fairness and impartiality

Organization and Jurisdiction of Administrative Judiciary
´The Constitutional Reform Act (2005)
´The Tribunals, Courts and Enforcement Act (2007)
´Part 54 of the Civil Procedure Rules
´
´The Supreme Court of the UK
´The Court of Appeal
´The High Court (Administrative Court) / Upper Tribunal (superior court of records)
´The First-Tier Tribunal

Lawsuits / Claims
´Ordinary Claims:
´Damages claims, injunction, declaration
´Ordinary courts, civil procedure

Lawsuits / Claims
´Prerogative Writs:
´Submitted in the name of monarch
´Since XVI century citizens submit them without monarch’s approval
´1938 – Prerogative Orders
´2004 – renaming:
´Certiorari – Quashing Order
´Prohibition – Prohibition Order
´Mandamus – Mandatory Order

Lawsuits / Claims
´Judicial Review:
´Still in the name of the monarch
´Since 1978
´Unified Prerogative Writs and ordinary claims
´Requests:
´Certiorari, Prohibition, Mandamus, declaration, injunction (for provisional protection), damages
(only as an accessorial request), substitutionary remedy (since 2000 / 2007)
´Joint legal protection procedure, not single legal recourse

Challengeable Acts
´Enactments – Laws (EU, ECHR – exception of illegality) and by-laws (direct control)
´Decisions – administrative acts
´Action – factual acts of administrative
´Failure to act – administrative silence
´Also provisional and procedural decisions and rec commendations, guidelines and public policies
´

Judicial Control of Discretionary Acts
´Points of law (competence, procedure [natural justice], form of act, application of the law)
´Facts – only obvious (flagrant) mistakes
´Discretion – Wednesbury principles – legal aim (political decision have a special treatment)
´Deference:
´deriver from the principle of comity
´Similar to Beurteilungsspielraum
´Only unreasonable interpretation of legal standards in sanctioned

Legal Recourse
´Appeal on points of law
´
´If the lower or the higher courts allow the appeal
´
´The First-Tier Tribunal and the Upper Tribunal can reassess their own decisions (remonstrative
legal remedies)

Relations to Administrative Procedure
´No access to courts before access to tribunals


Thank you for your attention!