CELE SQE

CELE SQE1 模拟练习

Examination Timing: 00H01M15S

Mark Taylor, a professional tennis player, was banned by the Yorkshire Tennis Club (YTC) for match-fixing during the finals of the National Tennis Championship at Wimbledon. The Appeal Board of the English Tennis Association upheld YTC's decision, and Mark seeks judicial review of the Appeal Board's decision. The National Tennis Championship is a match of immense public interest and public importance.

What, if any, would be the most appropriate remedy for Mark?

Mark should seek judicial review of the Appeal Board's decision and request a declaration from the court that his ban was unlawful

Mark should seek judicial review of the Appeal Board's decision and request an injunction from the court prohibiting the YTC from enforcing its unlawful rules

Mark should seek judicial review of the Appeal Board's decision and request damages from the court because the ban is unlawful

Mark does not have grounds to seek judicial review of the Appeal Board's decision, because he lacks standing, or locus standi

Mark does not have grounds to seek judicial review of the Appeal Board's decision

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The disciplinary function of the YTC would not be amenable to judicial review because its powers and duties are not governmental but derived from the contractual relationship between the club and its members. Judicial review is intended to oversee public bodies exercising public functions, not private associations.

Key Point: Judicial review is generally limited to public bodies performing public functions. Private associations, such as sports clubs, operate under private law and their decisions are typically not subject to judicial review, as established in R v Disciplinary Committee of the Jockey Club, ex parte Aga Khan [1993].

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Constitutional & Administrative LawUnit 2Chapter 8: Judicial Review

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