Oxford BA: Administrative Law Exam Paper

"The rule of law requires that the legality of every executive action should be subject to judicial scrutiny. Ouster clauses are therefore constitutionally impermissible." Critically evaluate this statement in light of the case law from Anisminic to Privacy International.

The Minister for Education announces a new policy that all faith schools must teach a 'balanced curriculum' including content that may conflict with their religious ethos. The policy is published on the Department's website without prior consultation with faith school representatives. Holy Trinity Academy, an Anglican school that has operated for 150 years, seeks judicial review. The Department's lawyer argues: (a) the school lacks standing, (b) the policy is lawful, and (c) no consultation was required. Advise Holy Trinity Academy.

"Proportionality has effectively replaced Wednesbury unreasonableness as the standard of review in English administrative law." Discuss.

The Riverside Council has a published policy of providing free bus passes to all residents over 65. George, aged 67, applies and is refused because the Council has decided, without announcement, to restrict passes to residents with household income below £25,000. George's income is £27,000. He was not given reasons for the refusal. Advise George as to the grounds on which he might challenge this decision by judicial review.