| 单词 | Reviewable decision |
| 释义 | 可覆核的決定 In general, a decision which is capable of becoming the subject of judicial review, although the term may be used to refer to decisions which are open to be reviewed on the merits. To qualify as a subject for judicial review the decision must have consequences which affect some person (or body of persons) other than the decision maker, although it may affect him too. It must affect such other person either: (a) by altering rights or obligations of that person which are enforceable by or against him in private law; or (b) by depriving him of some benefit or advantage which either (i) he had in the past been permitted by the decision-maker to enjoy and which he can legitimately expect to be permitted to continue to do until that has been communicated to him some rational grounds for withdrawing it on which he has been given an opportunity to comment; or (ii) he has received assurance from the decision-maker will not be withdrawn without giving him first an opportunity of advancing reasons for contending that they should not be withdrawn: CCSU v Minister for Civil Service [1985] AC 374. 概括而言，儘管可在基於是非曲直而開放予覆核的決定提到「可覆核的決定」一詞，「可覆核的決定」指可成為司法覆核的主題的決定。為符合作為司法覆核的主題，有關的決定儘管可能也影響決策者，但必須有影響除決策者外的若干人士（或團體）的後果。必須有影響他人：(a)改變該人在私法可由他或針對他而強制執行的權利或責任；或 (b) 剝奪他若干以下的利益 (i) 決策者在過往曾准許他享有及該人可合法地期望他會獲准繼續享有的利益，直到他獲若干合理的理由通知撤銷，而他有評論的機會；或 (ii)他得到決策者的確保，不會在沒有首先給予他提出利益不應被撤銷的理由的機會下撤銷：CCSU v Minister for Civil Service [1985] 3 WLR 1174。 |
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