THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS

UNIVERSITY OF LONDON LA3008 October

DIPLOMA IN THE COMMON LAW

LLB

ALL SCHEMES AND ROUTES

BSc DEGREES WITH LAW

Administrative Law

Thursday 22 October 2015: 14.30 – 17.45

Candidates will have fifteen minutes during which they may read the paper
and make rough notes ONLY in their answer books. They then have the
remaining THREE HOURS in which to answer the questions.

Candidates should answer FOUR of the following EIGHT questions.

Candidates should answer all parts of a question unless otherwise stated.

Permitted materials
None.

© University of London 2015

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1. “Courts should have no qualms about interpreting statutes in a fashion
which renders ouster clauses ineffective.”

Discuss.

2. Critically assess the proposition that standing rules are a pointless

obstacle to giving the notion of the rule of law a meaningful effect.

3. “There can be little scope to doubt that English courts will recognise
proportionality as a generally applicable ground of review within the
next few years.”

To what extent would you agree with this proposition?

4. Do Ombudsmen serve any useful governmental purpose that could not

be equally well or better performed by the courts?

5. In what circumstances may a person challenge before a court the

lawfulness of a government action other than by initiating a claim for
judicial review?

6. “The jurisprudence of the European Court of Justice provides a

valuable source of inspiration for the development of English
administrative law.”

Discuss.

7. “Discretion must be exercised by the person to whom it is given and

not by anyone else.”

Consider why and illustrate how and to what extent courts apply this
general rule to public bodies’ powers.

8. Consider how courts prevent decision-making being affected by bias or

the appearance of bias in common law and by reference to Article 6,
European Convention on Human Rights.

END OF PAPER

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