Illegality

Question 1

What is Illegality

Answer 1

A public authority exercises a power it does not have

Question 2

Public authority has misconstrued their power

Answer 2

R v Richmond Council, ex parte Mcarthy and stone

in Hazell v Hammersmith and Fulham Council

Neither conductive nor incidental to the exercise of those powers

Question 3

Ultra vires theory

Answer 3

‘Beyond their powers’ - Judges have a lot of power when supervising decisions that have been made - Lord Reid - Anisminic

Question 4

Wherer a public authority uses a power for an inproper purpose

Answer 4

Wheeler v Leicester City Council

Question 5

A Public Authority takes into account irrelevant considerations / fails to consider all relevant ones

Answer 5

R v Home Secreatary ex parte Venables

Question 6

A public authority delegates powers to ithers without authorisation

Answer 6

Bernard v National Dock Labour Board

Question 7

Exception (Cartona Exception)

Answer 7

Carltona Ltd v Comissioners of Works. - Official department to carry out decision of responsible minister

Question 8

A public authorities power is never unlimited

Answer 8

Padfield v Ministe rfor Agriculture, Fisheries and Food. Judges will alwasy be suspicious of ministers that have been given power that has not been limited

Question 9

Lavender

Answer 9

Tidies up decision in bernanrd - making it applicable to more than just one judicial ruling

Question 10

Improper Purpose 2

Answer 10

Laker

World development movement

Question 11

Acted outside scope of power

Answer 11

Public Law Project

Question 12

Within the scope of discretion

Answer 12

British Oxygen

Lord Reid - Unlimited discretion can only be subject to review on substant

Question 13

2 opinions on fettering discretion

Answer 13

British oxygen - Unlimited discretion - could fetter

A v Secreatary of state for the home office - Fettering cannot defeat the purpose of parliament.