Human Rights – Judicial Review

Question 1

What are the substantive grounds of judicial review?

Answer 1

1) Illegality
2) Irrationality
3) Procedural impropriety

Question 2

What are the European grounds for judicial review?

Answer 2

1) Breach of European Convention on Human Rights; and
2) Breach of retained EU law.

Question 3

Illegality

Answer 3

1) Acting without legal authority
2) The rule against delegation
3) Fettering of discretion
4) Using powers for an improper purpose / unauthorised purpose
5) Taking account of irrelevant considerations or failing to take account of relevant considerations
6) Errors of law / fact

Question 4

Irrationality

Answer 4

Wednesbury principle – Is the decision challenged ‘so unreasonable’ that no reasonable decision-maker would have come to it?

Or

Is it so outrageous in its defiance of logic?

Question 5

Procedural impropriety

Answer 5

1) Procedural unfairness:
– Fair hearing?
– Bias?

2) Procedural ultra vires?

Question 6

Breach of convention rights –

Answer 6

1) is the right engaged?
2) Is the interference prescribed by law?
3) is the breach in pursuit of a legitimate aim?
4) is it proportionate?