Illegality

Question 1

Attorney General v Fulham Corporation [1921]

Answer 1

Ran a washhouse. Users could come along and wash their clothes. Court found that running a washhouse was beyond their scope of powers.
Illegality - Ultra Vires

Question 2

ex party Simms [2000]

Answer 2

Can legislate contrary to the HRA but need to accept the political consequences. Prisoners were not allowed to speak to the journalists.
Illegality - Fundamental Rights

Question 3

ex p Fewings [1995]

Answer 3

Ban on fox hunting is ultra vires (illegal). The council’s political and moral decisions influenced this decision so it was an irrelevant consideration.
Illegality - Violation of Public Law Principles - Relevancy

Question 4

Wheeler v Leicester City Council [1985]

Answer 4

Decision maker uses power to achieve a purpose it is not empowered to do.
Illegality - Violation of Public Law Principles - Improper Purpose

Question 5

ex P A Others [2000]

Answer 5

Authorities have policies which are sometimes applied too rigidly. They must be applied lawfully.
Gender surgery only with overriding need.
Illegality - Violation of Public Law Principles - Fettering Discretion

Question 6

Vine v National Dock Labour Board [1957]

Answer 6

Basic principle: when authority is granted statutory power it must not delegate them to anyone else.
Illegality - Violation of Public Law Principles - Unlawful Delegation

Question 7

Carltona

Answer 7

Non-delegation rule (as part of illegality- violation of public law principles- unlawful delegation) does not apply to ministers of Government.

Question 8

Roberts v Hopwood

Answer 8

Auditor required that a local council raise women’s wages to be equal with their male counterparts. This requirement could not be enforced as it was not the law.
= ‘As it sees fit’ extent to discretion of the public authority?