Grounds for Judicial Review Flashcards
What can be seen as the 4 grounds for judicial review?
Lord Diplock classifies;
(a) Illegality
(b) Irrationality
(c) Procedural Impropriety
(d) Proportionality
What is illegality in respect of JR?
(a) Ultra vires - beyond the limits if the body’s lawful powers
(b) failure to perform a duty imposed by statute
Give examples of cases of illegality.
D & J Nicol v Dundee Harbour Trustees - respondents were committing ultra vires acts that were not granted by act of parliament.
McColl v Strathclyde Regional Council - Statutory water provider added fluoride to water.. Their duty was to provide wholesome water and the adding of fluoride was ultra vires.
What may constitute an error of law in respect of illegality?
1) Error of law
(a) Interpretation of the meaning of a word in statute
(b) Legal exercise of power inconsistent with objectives of the legislation.
What is unauthorised delegation and when would it constitute illegality?
(a) delagatus non protest delegare - no delegated powers can be further delegated
Give examples if unauthorised delegation.
Barnard v National Dock Labour Board- Disciplinary powers put in place by wrong person, held that the delegation was unlawful -
What exceptions are there to unlawful delegation?
The carltona principle in which powers can be exercised on behalf of ministers as established by the case of Carlton v Works Commissioners
When may ‘wrong purpose’ occur?
Where the statute does not precisely define scope of power and the power is used for a different purpose than what the statute intended.
When would irrationality occur?
Established by the case of Associated Picture Houses Ltd v Wednesbury Corporation.
(a) Test - a decision that “no reasonable authority could ever have come to it”
(b) Wednesbury unreasonableness = irrationality
What is “wednesbury unreasonableness”?
(a) Courts attempt to deal with blatantly bad decisions
(b) Silly or extremely foolish decisions
What is the unreasonableness test?
(a) person entrusted with discretion must direct properly in law
(b) must call attention to matters which he is bound to consider
(c) must exclude matters which are irrelevant
(d) if a person does not obey these rules can be said to be acting unreasonable.
What factors may constitute unreasonableness?
(a) disregard for decision making procedure
(b) paying attention to irrelevant considerations
(c) Bad faith and dishonesty
(d) violation of human rights
What is proportionality?
The “appropriate balance [that] must be maintained between the adverse effects which an administrative authority’s decision may have on the rights, liberties or interests of the person concerned and the purpose which the authority is seeking to pursue”
How was the proportionality test established?
By the case de Freitas v Ministry of Agriculture
(a) Legislative objective must be sufficiently important to justify limiting a fundamental right (suitability)
(b) The measures must be designed to meet the objective and must be rationally connected to it – necessity
(c) The means used to impair the right or freedom are no more than is necessary to accomplish the objective – proportionate
