Grounds of review Flashcards
Lord Diplock GCHQ grounds
- irrationality
- irrationality
- procedural impropriety
Two categories of illegality
- simple ultra vires
- control of discretionary power
What is simple ultra vires
Clear statute that requires body to act in a certain way, they exceed it
Authority for ultra vires
Rangers FC, Petitioners
SFA imposed fine and transfer ban. First punishment was in statute that outlined their powers, second used discretion illegally
Discretionary power grounds
- irrelevant considerations
- improper purpose
- legitimate expectations
- unlawful delegation
Explain irrelevant considerations
Decision-maker took something into account that they shouldn’t have when making decision
Authority for irrelevant considerations
Venables and Thompson
Home secretary took into account pressure from pressure groups when deciding to lower age of criminal liability for two kids that brutally murdered another.
Explain improper purpose
Decision maker exceeded parliamentary intention, upon delegating discretionary power
Explain legitimate expectations
Decision maker/authority must abide to promises made to individuals
Authority for legitimate expectations
R v North and East Devon Health Authority
Woman housed in private care home, but funded by state. Given lifetime guarantee of residence. Home shut down. Appealed on grounds and won.
Explain unlawful delegation
Delegating discretionary powers to someone else
Authority for unlawful delegation
Carltona Limited v Commissioner of Works
Court allowed delegation in most instances, as it was not realistic to expect government ministers to handle all issues addressed to their department
Which case outlined grounds of review for discretionary powers
Wednesbury
What other overarching ground did Wednesbury introduce
Irrationality
Explain irrationality
decision could not have been achieved by a reasonable person, due to its unreasonable nature, and is - therefore - unlawful
Alternative to irrationality
Proportionality
How was proportionality introduced?
ECHR incorporation brough new ground of review and its precedent
Authority for irrationality
Smith v Grady
(Gay soldiers) ECtHR decided that the bar for irrationality was too high in the UK - undermined the rule of law
3-part test of proportionality
- decision proportionate to achieve aim?
- didn’t exceed necessity
- balances rights of individual with public interest
Authority for proportionality
R v Secretary of State for the Home Department
SoS decision to blanket ban prisoner-lawyer correspondence was not proportionate to aim of ensuring prisoner safety
Explain procedural impropriety
Decision making process must abide to law
3 categories of procedural impropriety
- procedural ultra vires
- common law procedure
- rule against bias
Authority for PUV
Bradbury v Enfield LBC
Statute required school give notice when closing a school. School was transitioning from a grammar school to a state school - court held this was the same. Did not give notice, therefore, PUV
Authority for rule against bias
Dimes v Grand Junction Canal Proprietors
Judge in case was shareholder in dam company. No evidence of actual bias, but opportunity for was still illegal.
How to answer Part B
- Standing
- Scope
- Grounds
Authority for standing
AXA or sufficient interest (S or E)
Authority for scope
West v Secretary of State for Scotland or s.6 HRA (S or E)
Explain West v SoS
Prison officer tried to challenge prison board. Scope evaluated
Held - tri-partite relationship must exist between appellant, delegated decision-maker and decision-making power
