Overview Many types of businesses or activities must be licensed. The licensing scheme will make it a requirement that a valid licence is held in order to lawfully conduct the business or activity. Licences are issued by a governmental or government-approved body or authority. The licence sets out the terms and conditions on which the […]
Fair Procedures The right to fair procedures in public decision making is accepted internationally as a basic principle of justice. The European Convention on Human Rights provides that in the determination of a person’s civil rights, he is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal […]
Administrative law Public authorities are generally conferred with powers and duties in relation to their particular areas of competence. The powers and duties will be usually conferred by the legislation which establishes the body concerned. The legislation will commonly set out the body’s objectives or purpose, with more or less detail of its powers. The […]
Licensing Schemes Licensing schemes are provided for a range of public policy reasons. There is generally a need to protect the public, so that only persons who are qualified and regulated may undertake a particular activity. The public is protected by ensuring that persons conducting the relevant activity are of good character and are subject […]
Discretionary Powers Many governmental and public bodies’ functions and powers involve the exercise of discretion. Commonly, the departments and bodies are given broad powers and responsibilities, particularly in areas such as health, education and housing. The implementation of policies in such areas may involve the exercise of discretion at numerous levels. The legislation is commonly […]
Legitimate Expectations and Public Bodies The principle of legitimate expectations may apply to public bodies. The principle protects the legitimate expectations of citizens against arbitrary and unexpected changes in administrative procedure and practice. The legitimate expectations principle may require public bodies to abide by commitments, practice and procedure in certain circumstances. The principle has become […]
Administrative Law Administrative law is the law relating to government and local authorities, semi-state and other governmental bodies. It deals with the relationship between members of the public and the governmental bodies. A fundamental principle of the Irish Constitution is that the government and its agents are subject to the law. Formerly, the State enjoyed […]
Office of Ombudsman The Ombudsman’s office was established in 1980, in order to offer redress to persons who have suffered loss or harm, due to “maladministration”. It offers the possibility of redress without the expense of court action and with the need to show identify illegality in administrative action. Apart from the time, cost and […]
Administrative Decisions The procedures for particular administrative decisions are usually laid down in legislation, whether an Act of the Oireachtas or a Statutory Instrument made under a delegated power. It may be laid down or expounded in guidelines, circulars and other administrative practice. The rules in relation to the particular matter may be detailed and […]
Discretionary Powers and Controls In many cases, governmental bodies’ powers are expressed in very broad discretionary terms. Literally read, the relevant powers seem to give the Minister, department or body concerned a discretion whether to, for example, grant a particular licence or take a particular step. However many powers which appear to give complete discretion to […]
Compensation and the State On an application for judicial review of an administrative decision, a claim for compensation may be made. If the applicant would have succeeded in a civil claim against the authority, damages may be awarded. Proceedings for compensation can be brought separately in some cases. The State does not enjoy general immunity […]
General Judicial review is a High Court procedure in which the legality of acts of public and administrative bodies may be challenged and found invalid. The focus is not on the merits of a decision, but on its legality. Judicial review may be undertaken in relation to the acts and decisions of the so-called lower […]