Illegality

Question 1

Define Illegality

Answer 1

Lord Diplock defined illegality in GCHQ 1985-

“The decision-maker must understand correctly the law that regulates his decision-making power and must give effect to it.”

Question 2

Who decides Jurisdiction

Answer 2

The courts

Question 3

What happens if a public body is found to not act within its jurisdiction

Answer 3

Whenever a public body exercises a power it does not have such a decision is ultra vires and therefore a nudity

Question 4

What is “jurisdiction” in terms of illegality

Answer 4

We consider the legal source a public bodies power arises from and if they acted within that jurisdiction- the power is typically derived from an act of parliament

Question 5

What impact did the case of anisminic have on this

Answer 5

Anisminic appeared to treat all errors of law as jurisdictional, i.e reviewable

Question 6

What falls under the illegality ground

Answer 6

Errors in interpreting the law

Failing to act in accordance with statutory purpose or acting for an improper purpose

Failing to take account of relevant considerations or acting forirrelevant considerations

Fettering of discretion