CONTROL OF GOVERNMENT ACTION

Nigel LoFounder & President

International Magis Society

LEARNING OBJECTIVES

This lecture/keynote will help you to:

Understand the basic concepts of natural justice (procedural fairness) & ultra vires.

Understand your rights as a citizen of your country and entitlements to a fair review in every government decision making process.

PART 1: ADMINISTRATIVE LAW

The body of law that regulates fair decision making process of the government.

Allows appeal towards an unjust decision.

Adheres to the laws of natural justice and ultra vires.

WHEN DOES ADMINISTRATIVE LAW APPLY?

Everyday!

Think about your driving license being suspended, your visa to visit another country denied, your application for a certain business license not approved.

http://www.myduiattorney.org/dui-dwi-law-Introduction/introduction-to-suspended-and-revoked-drivers-licenses.html

A DECISION YOU DIDN’T LIKE?

http:/www.usalawyerstoday.info/tag/police/

http://greens.org.au/policies/snappies/immigration

1.1 MERITS REVIEW: THE RIGHT TO APPEAL

When a decision is made by the government, an applicant affected by that decision has the right to have that decision reviewed.

The review process (known as merits review) is undertaken often by a review tribunal and allows for the decision to be analysed once again.

The outcome may result in the decision to remain as it was or to be overturned if it is found that the decision was wrong, unjust or unlawful.

http://sarah-barrett.suite101.com/black-mirror-15-million-merits-review-a398987

1.2 JUDICIAL REVIEW: TAKING IT TO COURT If you have exhausted your merits review options and still

insist on taking the matter further, judicial review is your final option.

Succeeding in judicial review may not result in the decision quashed, courts merely direct the review tribunals to remake the decision according to law.

For example, courts do not have the power to grant you, your license.

http://phandroid.com/2011/08/24/netherlands-judge-bans-sale-of-galax-s-s-ii-in-court-proceedings/

1.3 PROCEDURAL FAIRNESS

Also known as natural justice.

Requires a review process to allow an applicant a fair hearing/trial and be free from potential bias.

http://www.theage.com.au/news/opinion/stamping-out bias/2006/10/16/1160850866620.html

1.4 ULTRA VIRES

Original Latin meaning: Beyond the power

Applies when a decision maker makes a decision that exceeds their scope of authority and power.

Categories:- Abuse of Power- Self Fettering- Substantive Ultra Vires- Procedural Ultra Vires

http://helpingpsychology.com/rankism-in-society-how-it-affects-the-mind

1.5 REMEDIES

It is always useful to keep in mind, the specific outcome you intend to

achieve throughout the entire review process.

The most common remedies in legal terms are:

Certiorari Injunction Mandamus Prohibition Declaration

PART 2 RIGHTS AS A CITIZEN

A right to vote in a democratic country A right to hold a passport A right to apply for social securities

2.1 VOTING

2.2 LIVING IN A COUNTRY

Abiding by the laws Pledging to defend country if necessary

2.3 SOCIAL SECURITIES

Criminal Compensation Low income housing Social welfare Basic Education Juvenile/ Prison System