header-logo header-logo

22 September 2011 / Nicholas Dobson
Issue: 7482 / Categories: Features , Public
printer mail-detail

A fair ride?

Nicholas Dobson rides the rollercoaster of public authority fairness

Parents and public authorities, although often at variance, do have something in common. Those aggrieved by their decisions are likely to cry (with greater or lesser degrees of sophistication) “It’s not fair!”. And while traditional judicial review may be unavailable in respect of parental decisions on bedtime, it certainly is in respect of unlawful decisions of governmental authorities.

And (by way of long evolution from the cardinal principles of natural justice) such authorities are expected to take decisions fairly. These principles are that no-one is to be a judge in their own cause (demotically, nemo iudex in causa sua) and the obligation to afford the parties a fair opportunity of presenting their respective views on the matters in issue (audi alteram partem—hear the other side).

The law of public authority fairness is part of an extensive suite of principles applied by the courts when supervising the decisions of public authorities to avoid potential abuse of power. These include Wednesbury reasonableness, the fiduciary duty, adherence to

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Church Court Chambers—Maryam Syed KC

Church Court Chambers—Maryam Syed KC

Church Court Chambers welcomes Maryam Syed KC

Devonshires—Sean Garbutt

Devonshires—Sean Garbutt

Devonshires strengthens construction team with appointment of partner Sean Garbutt

Thackray Williams—Alexandra Hubbard

Thackray Williams—Alexandra Hubbard

Thackray Williams strengthens employment team with dual-qualified solicitor

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll