Grounds for Judicial Review: Illegality

Question 1

What principles underpin the ground of illegality

Answer 1

Administrative decision must be within the legal limits and have some source of legal authority.

Question 2

What are the general grounds for Judicial Review?

Answer 2

Illegality, procedural fairness, irrationality and proportionality

Question 3

What are the different categories of illegality?

Answer 3

Excess of power, error of law, unlawful delegation, unlawful fettering, improper purpose, relevance, breach of convention rights

Question 4

Describe ultra vires

Answer 4

When a person or body acts beyond its jurisdiction

Question 5

Describe error of law

Answer 5

When a person or body makes an error/misinterpretation/mistake in law (or fact) that makes them step outside their jurisdiction

Question 6

What is the non-delegation principle seen in unlawful delegation

Answer 6

When power is granted to a given decision-maker, that power should be exercised by – and only by – that decision-maker.

Question 7

What is an exception to the non-delegation principle?

Answer 7

Civil servants acting on behalf of ministers

Question 8

What are the reasons for the non-delegation principle?

Answer 8

1. To uphold the intention of Parliament
2. Parliament chose that person based on their qualification
3. Accountability reasons

Question 9

Describe unlawful fettering

Answer 9

If a body is given discretionary power, it should not adopt a policy that fetters the use of this discretion

Question 10

Describe improper purposes

Answer 10

Bodies may not use powers given for stated or implied purposes for wholly or predominantly extraneous purposes

Question 11

Describe irrelevant considerations

Answer 11

The decision-maker should not take into account irrelevant considerations and should take into account relevant ones

Question 12

Describe breach of convention rights

Answer 12

It is unlawful for a public authority to act in a manner that is incompatible with convention rights ECHR