Week 6: Jurisdictional Error of Law in Administrative Law

Jun 16, 2024

Week 6: Jurisdictional Error of Law

Narrow Ultra Vires Recap

  • Key Points of Narrow Ultra Vires:
    1. If legislation does not authorize a decision, the decision is invalid.
    2. Failure to follow required procedures invalidates the decision.
    3. Only authorized personnel or their delegates can make decisions.

Jurisdictional Error of Law

  • Definition: A broader concept than narrow ultra vires, overlapping but extending further.
  • Importance: Requires understanding beyond just narrow ultra vires.

Scenario Explanation

  • Example: Parent (legislature) gives older child decision-making power under two conditions:
    1. Younger child must request to watch TV (application).
    2. Request must be after midday (jurisdictional fact).
  • If conditions are unmet, older child has no jurisdiction to decide.

Types of Jurisdictional Error

  1. **Lack of Authorization: ** Decision not authorized by the enactment.
  2. Unauthorized Decision Maker: The decision maker lacks authority.
  3. Procedural Noncompliance: Required procedures were not followed.
  4. Absence of Jurisdictional Fact: Non-procedural condition needed is missing.

Legal Case Example

  • Case: Hussein and the Minister for Immigration
    • Defined jurisdictional error as an error in statutory decision-making, where statutory conditions or preconditions are not fulfilled.

Real-World Implications

  • 2001 Tampa Incident: Government's attempt to legislate migration law review out of court's jurisdiction.
  • High Court Decision: In Plaintiff S-157, the High Court ruled that jurisdictional errors of law are unchallengeable by privative clauses, upholding the constitutional right to review.

Summary

  • **Narrow Ultra Vires Grounds: **
    1. No legislative authorization.
    2. Unauthorized decision maker.
    3. Failure to follow procedures.
  • **Jurisdictional Errors Include Above and: ** 4. Absence of necessary jurisdictional facts.
  • Significance: Jurisdictional errors of law protect against administrative tyranny.

Looking Forward

  • Next week: Broad Ultra Vires and further grounds for review.
  • Importance of administrative law as a protection mechanism.

Enjoy your weekend and see you next week!