An easy to read post, laying out in simple terms legal rules on how the administration of Jersey should follow legally agreed and proven structure. Please have a look by clicking the link below, and then make your own mind up. Does our Jersey Government comply ?
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Here are just a few established grounds upon which the actions of a public authority become unlawful under ‘administrative law’:
“Misuse of powers granted in law”, for other purposes – purposes not conferred by the ‘legislative purpose’ of the law.
“Insufficient inquiry”, a public authority making decisions and taking action without having first investigated and considered the relevant facts.
“inconsistency” – applying different standards and parameters to different decisions.
“Structural unfairness” – a public authority using a decision-making methodology that is substantially unfair.
“Relevancy / irrelevancy” – a public authority taking into account ‘irrelevant’ information – or failing to take into account ‘relevant’ information – when making a decision.
“Human rights compliance” – all decisions must comply with human rights legislation.
“Bad faith / improper motives” – a public authority must not exercise powers for improper purposes.
“Bias” – any exercise of the official powers and functions of a public authority must be objective – and free from any contaminating factor.
If any of the above factors are evident in respect of particular decisions and actions taken by a public authority – such as a Minister or a Chief Executive – then those decisions and actions are unlawful.
They are unlawful in terms of being not compatible with the standards of “administrative law”.
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