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Flashcards

Grounds for Judicial Review - Illegality

Chantal Briancon Constitutional and Administrative Law LLB Inglês 29 flashcards

Flashcards do conjunto (29)

  1. 1IllegalityLord 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'.
  2. 2Simple ultra viresThis form of illegality is where the public authority in question simply acts outside of their powers - therefore, they are acting ultra vires.
  3. 3ATTORNEY GENERAL V FULHAM CORPORATIONAlthough 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.
  4. 4WESTMINSTER CORPORATION V LONDON AND NORTH WEST RAILWAYA 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.
  5. 5AG V WILTS UNITED DIARIESArticle 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.
  6. 6Error of law.This is where the public authority misinterprets the legislative rules under which it has claimed to have act.
  7. 7ANSIMINIC LIMITED V FOREIGN COMPENSATION COMMISSIONExample of an error of law.
  8. 8PERILLY V TOWER HAMLET BOROUGH COUNCILExample of an error of law.
  9. 9Error 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.
  10. 10EDWARDS V BAIRSTOWAn error of fact can be found where the factual finding was perverse or there was no evidence to support it.
  11. 11EX PARTA KHAWAJAAn 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.
  12. 12E V SECRETARY OF STATE FOR THE HOME DEPARTMENTA decision can be challenged on the ground that there has been a mistake of fact giving rise to unfairness.
  13. 13UNLAWFUL DELEGATIONA 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.
  14. 14BARNARD V NATIONAL DOCK LABOUR BOARDThe delegation of power was held to be ultra vires on the basis that such function could not lawfully be delegated to another.
  15. 15CORLTONA V WORKS COMMISSIONPowers and duties that have been conferred on a government minister may be exercised, on his behalf, by his civil servants within his department.
  16. 16R V BIRMINGHAM JUSTICESThe principle was expanded stating an office holder, has the ability to discharge all but the most important of his functions through suitable subordinates.
  17. 17SECTION 101 OF THE LOCAL GOVERNMENT ACT 1972This states that a local authority can arrange for its functions to be discharged by its committee or officers or other local authorities.
  18. 18Fettering discretionA public authority must not refuse to exercise its powers or unlawfully impose limits, through policies, of its freedoms to act under these powers.
  19. 19EX PARTE KYNOCH LIMITEDA 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.
  20. 20BRITISH OXYGEN COMPANY V BOARD OF TRADEAn example of fettering discretion.
  21. 21R V NORTH WEST LANCASHIRE HEALTH AUTHORITYExample of fettering discretion.
  22. 22RelevancyWhen reaching a decision, a public authority must ensure that it takes into account all considerations that are relevant to that decision.
  23. 23EX PARTE VENABLESThe Home Secretary could take into account public confidence in the justice system but not public petitions, public opinions or campaigns.
  24. 24EX PARTE WESTMINSTER CITY COUNCILA decision will not be unlawful if it was insignificant or operated in favour of the claimant.
  25. 25Improper purposeA public authority can only use its powers for the purposes for which they were conferred by the empowering legislation.
  26. 26WEBB V MINISTER OF HOUSING AND LOCAL GOVERNMENTA local authority had the power to acquire land to construct coastal defences but could not acquire the land for purposes of building a promenade.
  27. 27EX PARTE WESTMINSTER CITY COUNCILWhere the power is used for a proper and improper purpose, the authorise purpose will be the dominant purpose that materially influenced the decision.
  28. 28PORTER V MAGILLThe real objective of the Conservative local authority's policy was not to sell council houses but to secure more votes.
  29. 29WHEELER V LEICESTER CITY COUNCILThe 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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LLB Constitutional and Administrative Law FlashCards sobre Grounds for Judicial Review - Illegality, criado por Chantal Briancon em 26-04-2016.
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