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Public Law 2 > Grounds of review > Flashcards

Grounds of review Flashcards

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1
Q

Lord Diplock GCHQ grounds

A
  • irrationality
  • irrationality
  • procedural impropriety
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2
Q

Two categories of illegality

A
  • simple ultra vires
  • control of discretionary power
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3
Q

What is simple ultra vires

A

Clear statute that requires body to act in a certain way, they exceed it

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4
Q

Authority for ultra vires

A

Rangers FC, Petitioners

SFA imposed fine and transfer ban. First punishment was in statute that outlined their powers, second used discretion illegally

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5
Q

Discretionary power grounds

A
  • irrelevant considerations
  • improper purpose
  • legitimate expectations
  • unlawful delegation
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6
Q

Explain irrelevant considerations

A

Decision-maker took something into account that they shouldn’t have when making decision

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7
Q

Authority for irrelevant considerations

A

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.

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8
Q

Explain improper purpose

A

Decision maker exceeded parliamentary intention, upon delegating discretionary power

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9
Q

Explain legitimate expectations

A

Decision maker/authority must abide to promises made to individuals

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10
Q

Authority for legitimate expectations

A

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.

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11
Q

Explain unlawful delegation

A

Delegating discretionary powers to someone else

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12
Q

Authority for unlawful delegation

A

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

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13
Q

Which case outlined grounds of review for discretionary powers

A

Wednesbury

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14
Q

What other overarching ground did Wednesbury introduce

A

Irrationality

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15
Q

Explain irrationality

A

decision could not have been achieved by a reasonable person, due to its unreasonable nature, and is - therefore - unlawful

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16
Q

Alternative to irrationality

A

Proportionality

17
Q

How was proportionality introduced?

A

ECHR incorporation brough new ground of review and its precedent

18
Q

Authority for irrationality

A

Smith v Grady

(Gay soldiers) ECtHR decided that the bar for irrationality was too high in the UK - undermined the rule of law

19
Q

3-part test of proportionality

A
  • decision proportionate to achieve aim?
  • didn’t exceed necessity
  • balances rights of individual with public interest
20
Q

Authority for proportionality

A

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

21
Q

Explain procedural impropriety

A

Decision making process must abide to law

22
Q

3 categories of procedural impropriety

A
  • procedural ultra vires
  • common law procedure
  • rule against bias
23
Q

Authority for PUV

A

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

24
Q

Authority for rule against bias

A

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.

25
Q

How to answer Part B

A
  • Standing
  • Scope
  • Grounds
26
Q

Authority for standing

A

AXA or sufficient interest (S or E)

27
Q

Authority for scope

A

West v Secretary of State for Scotland or s.6 HRA (S or E)

28
Q

Explain West v SoS

A

Prison officer tried to challenge prison board. Scope evaluated

Held - tri-partite relationship must exist between appellant, delegated decision-maker and decision-making power

Public Law 2 (3 decks)

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