Chapter 16 Self-test questions

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. There is no single coherent institutional structure of administrative justice equivalent to the systems of civil or criminal justice that are focused on the civil and criminal courts.

True correct incorrect

False correct incorrect

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. Which body replaced the Administrative Justice and Tribunals Council (AJTC) after its abolition in 2013?

The Tribunal and Ombudsman Committee correct incorrect

The Quango Committee correct incorrect

The Administrative Justice Forum correct incorrect

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. Which of the following statements accurately reflect one of the aims of the UK government's administrative justice strategy in 2004?

To try and help people avoid problems and legal disputes in the first place. correct incorrect

To ensure legal remedies are always available. correct incorrect

To limit the availability of dispute resolving mechanisms. correct incorrect

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. In R (Cart) v Upper Tribunal [2011] UKSC 28, what were the main features of tribunals mentioned by Lady Hale? Please select all that apply.

They are set up by statute to administer complex and rapidly changing areas of the law. correct incorrect

They are less important than courts. correct incorrect

Their members are expected to have relevant expertise or experience in the subject. correct incorrect

Their procedures are tailored to the subject matter of the dispute and they are not bound by the technical rules of evidence. correct incorrect

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. A former Lord Chief Justice has argued that 'administrative' tribunals could subvert the rule of law.

True correct incorrect

False correct incorrect

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. What were the main three outcomes of the Franks Committee report according to the Scottish Consumer Council? Please select all that apply.

It encouraged the judicialisation of tribunals. correct incorrect

It promoted the idea that tribunals were more user-friendly than courts. correct incorrect

It did not restrain the proliferation of tribunals. correct incorrect

It prevented tribunals from being held in public. correct incorrect

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. Why is there said to be a tension between the values of constitutionalism and those of proportionate dispute resolution (PDR) over administrative justice?

Constitutionalism is rooted in the rule of law and in contrast PDR is motivated by pragmatic considerations which do not have the same level of respect for the rule of law. correct incorrect

Constitutionalism dictates that all disputes involving public bodies must be settled by the courts, whereas PDR attempts to take disputes away from the courts. correct incorrect

Constitutionalism values efficiency, in contrast PDR attempts to promote the values of the rule of law. correct incorrect

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. At the heart of the HMCTS digitalisation agenda is improving access to justice.

True correct incorrect

False correct incorrect

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. In some respects, the powers of the Parliamentary Ombudsman are significantly greater than those of courts.

True correct incorrect

False correct incorrect

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. Which three factors does Richard Kirkham argue are relevant to the assessment of the weakness of the PO's powers to enforce recommendations? Please select all that apply.

The vast majority of the recommendations and findings of the PO are respected. correct incorrect

A lack of powers to enforce findings is a defining feature of the ombudsmen practice. correct incorrect

The working practices of the PO do not satisfy the requirements of Article 6 of the ECHR. If it were to possess powers of legal enforcement it would have to adapt its practices and would lose many of its advantages. correct incorrect

Most ombudsmen in other countries rely on binding legal recommendations. correct incorrect