Illegality

Question 1

What is illegality?

Answer 1

• errors in law eg: excercising power not posessed
• It is worth pointing out that administrative illegality is not the same as criminal illegality. If a decision-maker behaves ‘illegally’ for administrative purposes, the sanctions are public law remedies, not criminal sanctions!

Question 2

White and Collins vs Minister of Health 1939

Answer 2

can only use and exercise powers you possess

Question 3

Anisiminic ltd 1969

Answer 3

misconception of jurisdiction/error of law

Question 4

case law for use of power for an improper purpose?

Answer 4

congreve v home office 1976
Facts: cost fo tv license raised from 12 to 18. held that the Minister had no authority or power to revoke legally gained and issued licences from members of the public, in order to gain the benefit of the additional licence fee.

Question 5

case law for decision being based on irrelevant considerations

Answer 5

Fewings 1995
Facts: the council’s decision to ban hunting was quashed. This was because the council failed to take into account what would be for the “benefit, improvement or development of their area” and were motivated instead by ethical or moral considerations relating to hunting.