Grounds for Judicial Review - Illegality


LLB Constitutional and Administrative Law Flashcards on Grounds for Judicial Review - Illegality, created by Chantal Briancon on 04/26/2016.
Chantal Briancon
Flashcards by Chantal Briancon, updated more than 1 year ago
Chantal Briancon
Created by Chantal Briancon about 8 years ago

Resource summary

Question Answer
Illegality Lord Diplock defined illegality in GCHQ as 'the decision-maker must understand correctly the law that regulates his decision-making power and must give effect to it'.
Simple ultra vires This form of illegality is where the public authority in question simply acts outside of their powers - therefore, they are acting ultra vires.
ATTORNEY GENERAL V FULHAM CORPORATION Although the local authority had the power to set up a wash room, they did not have the power to create a laundry service. Therefore, they acted ultra vires.
WESTMINSTER CORPORATION V LONDON AND NORTH WEST RAILWAY A public authority will not have acted unlawfully if it did something that was reasonably incidental to or consequent upon a power that it did have.
AG V WILTS UNITED DIARIES Article 6 of the Bill of Rights 1688 states that a public body can only raise taxes if it is specifically permitted by statute to do so.
Error of law. This is where the public authority misinterprets the legislative rules under which it has claimed to have act.
Error of fact. The courts will quash a decision where the authority has incorrectly evaluated a fact that is essential for deciding whether or not it has certain powers.
EDWARDS V BAIRSTOW An error of fact can be found where the factual finding was perverse or there was no evidence to support it.
EX PARTA KHAWAJA An error of fact can be found where a precedent fact is an issue - this is where a factual situation must exist before the public authority can act.
E V SECRETARY OF STATE FOR THE HOME DEPARTMENT A decision can be challenged on the ground that there has been a mistake of fact giving rise to unfairness.
UNLAWFUL DELEGATION A power must be exercised by the authority whom it has been conferred and by no-one else. Where powers have been conferred by statute, the general rule is that they may not be delegated unless that delegation is authorised by the law.
BARNARD V NATIONAL DOCK LABOUR BOARD The delegation of power was held to be ultra vires on the basis that such function could not lawfully be delegated to another.
CORLTONA V WORKS COMMISSION Powers and duties that have been conferred on a government minister may be exercised, on his behalf, by his civil servants within his department.
R V BIRMINGHAM JUSTICES The principle was expanded stating an office holder, has the ability to discharge all but the most important of his functions through suitable subordinates.
SECTION 101 OF THE LOCAL GOVERNMENT ACT 1972 This states that a local authority can arrange for its functions to be discharged by its committee or officers or other local authorities.
Fettering discretion A public authority must not refuse to exercise its powers or unlawfully impose limits, through policies, of its freedoms to act under these powers.
EX PARTE KYNOCH LIMITED A public authority can introduce its own internal policies or rules to guide and regulate its own decision making - it must be prepared to keep an open mind.
BRITISH OXYGEN COMPANY V BOARD OF TRADE An example of fettering discretion.
R V NORTH WEST LANCASHIRE HEALTH AUTHORITY Example of fettering discretion.
Relevancy When reaching a decision, a public authority must ensure that it takes into account all considerations that are relevant to that decision.
EX PARTE VENABLES The Home Secretary could take into account public confidence in the justice system but not public petitions, public opinions or campaigns.
EX PARTE WESTMINSTER CITY COUNCIL A decision will not be unlawful if it was insignificant or operated in favour of the claimant.
Improper purpose A public authority can only use its powers for the purposes for which they were conferred by the empowering legislation.
WEBB V MINISTER OF HOUSING AND LOCAL GOVERNMENT A local authority had the power to acquire land to construct coastal defences but could not acquire the land for purposes of building a promenade.
EX PARTE WESTMINSTER CITY COUNCIL Where the power is used for a proper and improper purpose, the authorise purpose will be the dominant purpose that materially influenced the decision.
PORTER V MAGILL The real objective of the Conservative local authority's policy was not to sell council houses but to secure more votes.
WHEELER V LEICESTER CITY COUNCIL The judiciary will ensure that a public authority does not use its power for a purpose that they deem to violate standards of good administration.
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