Paragraph 1

Question 1

Who first identified the grounds of JR

Answer 1

Lord Diplock in CCSU v Minister for the Civil Service [1985]

Question 2

What are the grounds to JR

Answer 2

Illegality, irrationality and procedural impropriety

Question 3

Illegality

Answer 3

Public authorities must not go behind their legal powers or they will be acting ultra vires, meaning without legal authority

Question 4

Example of illegality

Answer 4

An example of this is the case of AG v Fulham Corporation [1921] - the local authority had the power to establish baths and wash houses under the Baths and Wash house Act 1846-78. It set up a municipal laundry that everyone could use but had corporation employees operating the machinery. It was held by the court that the authority had gone beyond the powers it had been granted by the statute; they did not have the power to create a facility where clothes were washed by corporation employees

Question 5

Irrationality

Answer 5

A decision may be irrationality if it is so unreasonable that no reasonable decision maker could have come to the same decision, also known as ‘wednesbury unreasonableness’ (from the case associated provincial picture house v Wednesbury Corporation [1948])

Question 6

Procedural impropriety

Answer 6

A decision may be unfair if the body: does not properly observe and comply with its procedural duties - a decision maker must always act fairly, fails to consult or give reasons for its decisions, shows bias.

Question 7

Example of procedural impropriety

Answer 7

An example of this is the case of Bradbury v Enfield London Borough Council [1967] - where the government reorganised grammar and secondary schools to comprehensive schools and did not follow the statute in giving the schools notice of consultation

Question 8

Proportionality

Answer 8

In CCSU v minister for the civil service [1985], Lord Diplock makes JR clear that proportionality is potentially the fourth ground to JR. The potential fourth ground states that administrative action should not go behind what is necessary for the desired result.

Question 9

Why is proportionality controversial

Answer 9

However, it is controversial as it goes beyond irrationality, requiring the courts to assess the quality of a decision and determine if that decision was appropriate. This potentially breaches the separation of powers as through assessing the decision itself, and not the decision making process, judges are not upholding parliamentary sovereignty