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Authority Judicial Review Jurisdiction - Case Study Example

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Authority Judicial Review Jurisdiction

The Panel took the form of an entirely non-statutory, self-regulating association, setup by persons having a common interest, which had devised and operated a code of conduct to be observed in the take-overs and mergers of public companies. The court held that, bearing in mind that the panel did have governmental backing and was exercising its duties in the public interest, it should be subject to the control of public law. As Sir John Donaldson put it: "We have reached the position where the ambit of certiorari can be said to cover every case in which a body of persons of a public as opposed to a purely private of domestic character has to determine matters affecting subjects. Looked at in this way, the board in my judgment comes fairly and squarely within the jurisdiction of this court It is clearly performing public duties." This introduces the functions test of affects doctrine, that is if the body has the public functions or its decisions produce public law consequences then, in principle, the courts might intervene. In the case of the IRA, neither it has public functions nor do the decisions of the IRA produce public law consequences hence, the courts may not intervene in the given situation. Specifically, the IRA has no statutory or prerogative basis. One of its main functions ...Show more

Summary

In several cases, it is clear that an authority which is deemed to be wholly private, even if exercising quite wide-ranging powers affecting many people, is not susceptible to the judicial review jurisdiction. In the case of the Jockey Club1, the Football Association2, the imam of a mosque3, Lloyd's of London4, the RSPCA5 and the British Council6, it was held that since these bodies were exercising powers which were not akin to the essentially governmental nature of truly public activity, despite the possible effect that their decisions might have on members of the public.
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