CELE SQE

CELE SQE1 模拟练习

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The National Fishing Authority (NFA) was established by statute to determine whether fishing is permissible or prohibited in all lakes and watercourses, and to regulate such use when permitted. The NFA has a committee of seven members, all selected by the Secretary of State for the Environment. Statutory procedures require the NFA to consult relevant property owners, local authorities, and "organisations representing large numbers of water sport participants" before making rules. However, the National Watercourse Federation (NWF), which has over 20,000 members, was not consulted before new rules were issued.

Please identify which principle of judicial review is raised by the NFA's decision:

The NFA's decision raises an issue of procedural impropriety because it failed to conduct a proper consultation

The NFA's decision raises an issue of procedural illegality because its actions were ultra vires

The NFA's decision raises an issue of procedural impropriety because it failed to give adequate reasons

The NFA's decision raises an issue of irrationality because it failed to act reasonably

The NFA's decision raises an issue of procedural impropriety because it has acted in a biased manner

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The scenario highlights a breach of a mandatory statutory requirement to consult relevant stakeholders before making rules. The failure to consult the National Watercourse Federation (NWF), a significant stakeholder, constitutes procedural impropriety. This principle ensures that decision-making processes are fair and that all relevant parties are given the opportunity to contribute their views.

Key Point: Procedural impropriety in judicial review involves failures to follow required procedures or to act fairly in the decision-making process. It serves to uphold standards of administrative justice and fairness in public decision-making.

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Constitutional & Administrative LawUnit 2Chapter 8: Judicial Review

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