grounds for JR (illegality)

Question 1

what is illegality based around?

Answer 1

basic requirement of the rule of law that public authorities act within the scope of their powers
if a public authority acts in a way that the law does not allow it to act, it will have acted illegally

Question 2

what are the different ways in which a public authority can act in a way that gives rise to ‘illegality’?

Answer 2

• acting ultra vires
• making an error of law
• making an error of face
• making an unlawful delegation
• fettering its discretion
• failing to take relevant factors into account before making a decision
• using its powers for an improper purpose

Question 3

what does acting ultra vires?

Answer 3

means “outside the power”
applied in situations where a public authority has acted in a way the law does not allow it to act
one way through which an action in judicial review can be won

Question 4

what is an error of law?

Answer 4

public authorities might wrongly believe that a statute or common law entitles them to act in a certain way and use the law as a justification for this action
their decision will then be based on an error of law

Question 5

what is an error of fact?

Answer 5

sometimes public authorities are only permitted to use their powers when certain factual conditions have been met
if they use such powers when such factual conditions have not been met this will be unlawful

Question 6

what are unlawful delegations?

Answer 6

in some situations, public authorities may attempt to pass on some of their powers to another party, so that the other party uses the powers on behalf of the local authority. if the law does not permit the public authority’s powers to be delegated in such a way the delegation will be unlawful

Question 7

what is fettering of discretion?

Answer 7

a situation in which a public authority places limitations on itself which restricts its ability to use the powers it has
where a public authority has fettered its discretion in such a way the courts may find that an illegality has occurred

Question 8

what is the concept of relevancy?

Answer 8

if a public authority fails to consider all relevant issues before using a power or making a decision, then its actions may be unlawful, and the court will find an illegality has occurred

Question 9

what is using powers for improper purposes?

Answer 9

public authorities have a range of powers that are generally conferred for the purposes of allowing them to go about their business and should only be used for purposes that are in the public interest
if a public authority uses its powers for purposes other than those which they have been given, its use of powers will be considered improper and an illegality