Sunday, June 14, 2015

Natural Justice 2 - Development of NJ in England

Liberal - Restrictive - Liberal - Fairness concept - Expansion of fairness concept
Stage 1: Liberal
Cooper v Wandsworth Board of Works Board of Education v Rice

Stage 2: Restrictive
Nakkuda Ali v Jayaratne

Stage 3: Liberal
Ridge v Baldwin

Stage 4: Fairness concept
Re K.H. An Infant

Stage 5: Expansion of fairness concept
i. Difference btwn right and privilege set aside R v Hull Prison Board of Visitors
ii. RTBH in disciplinary proceedings Glynn v University of Keele R v Senate of Uni Aston
iii. RTBH in investigative Admin Action Re Pergamon Press

NJ => Legitimate Expectation Schmidt v Secretary for State of Home Affairs
Conditions to prove LE
1. Expectation must be legitimate
2. There must be a reasonable basis for expectation

2. Reasonable ground: Undertaking by Admin body

a. Individual
Re Liverpool Taxi Owner's Association

b. Public
AG Hong Kong v Ng Yuen Shiu

c. Regular practice
CCSU v Minister of Civil Services

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