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LAW30240 Administrative Law: Grounds of Review assignment sample Ireland

There are several grounds on which an administrative decision may be challenged in court. Some of the most common grounds for review include:

Abuse of discretion: The decision-maker exercised their power unreasonably or unfairly.

Illegality: The decision was made contrary to law.

Irrationality: The decision was not based on any logical reasoning, and was instead made for personal reasons or preferences.

Procedural impropriety: There were irregularities in the way the decision was made. For example, the decision-maker failed to follow proper procedure or consulted with the wrong people before making their decision.

Assignment Task 1: To demonstrate a detailed knowledge of the law of Ireland and England relating to legitimate expectations, factual error, proportionality, bias, fair procedures, unlawful delegation, bias, and abuse of public power.

Legitimate expectations are founded on the principle that individuals should be able to plan their lives with a reasonable expectation of stability. In both Ireland and England, the law recognizes a legitimate expectation when an individual has been led to believe that a particular course of action will be taken by a public authority, or when the individual has relied on some act or behavior on the part of the authority which gives rise to the expectation.

Factual error is an important consideration in cases relating to legitimate expectations. If an authority makes a mistake about a material fact, it may be held to have misled or deceived an individual who then forms a legitimate expectation based on that mistake. However, authorities are not always bound by their own mistakes – there must be a “substantial connection” between the mistake and the formation of the expectation.

Proportionality is a key consideration in cases relating to legitimate expectations. In general, an authority should not be able to rely on the fact that it would be too costly or inconvenient to comply with an individual’s request if that would mean contravening their legitimate expectation. However, the courts will take into account all of the relevant circumstances before making a decision.

Bias is another important consideration in the context of legitimate expectations. An authority must act fairly and without bias when making a decision that may affect an individual’s legitimate expectation. This includes ensuring that all relevant factors are taken into account and that the individual has an opportunity to make their case.

Unlawful delegation is the process by which authority gives another person the power to make decisions on its behalf. If an individual’s legitimate expectation has been formed as a result of this delegation, the authority may be held liable for any decisions made by the delegate.

Abuse of public power is a serious offense and can occur when authority uses its powers in a way that is unfair or unreasonable. For example, it might abuse its discretion by making a decision that is not based on any logical reasoning, or by deliberately ignoring the facts.

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Assignment Task 2: To apply the law relating to the grounds of review to a complex hypothetical problem.

It is impossible to provide a comprehensive answer to this question without more information about the specific case in question. However, in general, there are a number of grounds on which a court may review a decision made by a public authority. These include error of law; irrationality/bad faith; procedural impropriety; and proportionality.

Each of these grounds will be considered in turn below.

The error of law: A decision made by a public authority will be quashed by a court if it is found that the authority acted beyond its powers, or exercised its powers in an unlawful manner.

Irrationality/bad faith: If the court finds that the public authority’s decision was not arrived at reasonably, or that the authority acted in a dishonest or malicious manner, it may quash the decision.

Procedural impropriety: This ground applies where the court finds that the public authority did not follow proper procedures when making its decision. This might include, for example, failing to provide the individual with an opportunity to make their case, or deliberately ignoring relevant evidence.

Proportionality: The court will only overturn a decision made by a public authority if it is found to be disproportionate or excessive in relation to the objective that the authority was trying to achieve.

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