illegality Flashcards
1
Q
2 cases for mandatory considerations
A
- tesco superstore
- munjav v mersey care nhs trust
2
Q
what grounds fall under abuse of powers
A
- irrelevent considerations
- fettering the discretion
- improper purposes
3
Q
2 cases for irrelevant considerations
A
- wheeler v leciester city council
- fewings
4
Q
2 cases for permissible considerations
A
- barry
- tandy
5
Q
define fettering the discretion
A
when an authority has a policy and sticks to it robotically
6
Q
2 cases for fettering the discretion
A
- kynoch
- british oxygen
7
Q
padfield principle
A
- falls under improper purposes
- parliament must have conferred the discretion with the intention that it should be used to promote the policy and objectives of the act
- indicates that each staute has a purpose, and to determine the purpose you have to look at the act as a whole
8
Q
2 cases for improper purposes
A
- porter
- wdm
9
Q
what grounds fall under excess of powers
A
- exceeding the limits of a public function
- unauthorised delegation of a public function
- errors of law and errors of fact
10
Q
2 cases for exceeding the limits of a public function
A
- white collins
- fullham
11
Q
case for unauthorised delegation of a public function
A
barnard v national dock labour board
12
Q
case for error of law
A
anisminic
13
Q
case for error of fact
A
E case
14
Q
munjaz v mersey care
A
- mandatory considerations
- Mental Health Act
15
Q
tesco stores
A
- mandatory considerations
