Judicial review Flashcards
Which type of legislation is JR available for?
Only secondary (not primary)
What are the 3 grounds for JR?
- illegality
- irrationality
- procedural impropriety
What is the Carltona principle?
Ministers can delegate to civil servants in their departments
When can the Local Authority delegate?
It can delegate to committees or officers if it makes a formal resolution to do so
What is the material purpose test under the illegality ground?
The decision is ultra vires if the body was pursuing an unauthorised purpose which materially influenced the decision
When are errors of fact reviewable under the illegality ground?
If they’re jurisdictional (if the error goes to the root of the body’s ability to act)
Otherwise, errors of fact aren’t reviewable
What is the Wednesbury test (irrationality)?
The conclusion was so unreasonable that no reasonable authority could ever have come to it
(so outrageous in its defiance of logic or accepted moral standards that no sensible person could’ve arrived at it)
What are the 2 types of procedural requirements?
- those in statute- procedurally ultra viers
- natural justice- procedural fairness
What are the 2 rules of natural justice?
- rule against bias
- right to a fair hearing
What is the test for whether there was indirect bias, so the decision should be quashed (under natural justice)?
Would a fair-minded and impartial observer conclude there had been a real possibility of bias?
What are the 3 types of proceedings for the purposes of the right to a fair hearing?
- forfeiture cases
- legitimate expectation cases
- application cases
What is the only requirement for a fair hearing in an application case?
Case is heard honestly and without bias
What are the exceptions to there being no general right to get reasons for the outcome of a decision?
- if the decision on its own looks aberrant
- if the subject matter is especially important (eg. liberty)
How is it determined whether the breach of a statutory procedural requirement makes a decision invalid?
It depends on if the requirement was mandatory or directory
The main Q is whether Parliament intended that failure to comply would make the decision unlawful
2 tests for what is a public body
Source of power test (if gets power from statute/prerogative power, it’s a public body)
Nature of power test (if exercises public law functions, it’s a public body)