Flashcards
Grounds for Judicial Review - Illegality
Flashcards do conjunto (29)
- 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'.
- 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.
- 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.
- 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.
- 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.
- 6Error of law.This is where the public authority misinterprets the legislative rules under which it has claimed to have act.
- 7ANSIMINIC LIMITED V FOREIGN COMPENSATION COMMISSIONExample of an error of law.
- 8PERILLY V TOWER HAMLET BOROUGH COUNCILExample of an error of law.
- 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.
- 10EDWARDS V BAIRSTOWAn error of fact can be found where the factual finding was perverse or there was no evidence to support it.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 20BRITISH OXYGEN COMPANY V BOARD OF TRADEAn example of fettering discretion.
- 21R V NORTH WEST LANCASHIRE HEALTH AUTHORITYExample of fettering discretion.
- 22RelevancyWhen reaching a decision, a public authority must ensure that it takes into account all considerations that are relevant to that decision.
- 23EX PARTE VENABLESThe Home Secretary could take into account public confidence in the justice system but not public petitions, public opinions or campaigns.
- 24EX PARTE WESTMINSTER CITY COUNCILA decision will not be unlawful if it was insignificant or operated in favour of the claimant.
- 25Improper purposeA public authority can only use its powers for the purposes for which they were conferred by the empowering legislation.
- 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.
- 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.
- 28PORTER V MAGILLThe real objective of the Conservative local authority's policy was not to sell council houses but to secure more votes.
- 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.
Informações
- Descrição
- LLB Constitutional and Administrative Law FlashCards sobre Grounds for Judicial Review - Illegality, criado por Chantal Briancon em 26-04-2016.
- Criado por
- Chantal Briancon
- Visualizações
- 203
- Tags
- Avaliação