Public law - Grounds of Review 1

Question 1

What are the main grounds of judicial review?

Answer 1

Traditional → Ultra Vires – literally means ‘beyond the powers’ – to act outside of your allowed legal authority.

Common law grounds x 3 (or 4?) → illegality, irrationality, procedural
impropriety

• illegality → Pure lawfulness - Did the decision makers understand their powers and make the correct decision.
• irrationality → Irrational to the point no reasonable decision maker would’ve made it
• Procedural Impropriety → Not adhering to the natural law of justice

Question 2

What is the connection between the ground of illegality and statutes?

Answer 2

Statutes are one of the bases of assessing illegality, as they sometimes directly apply to the facts of the case / regulate real-life situations and sometimes they delegate discretionary powers

Question 3

Define discretionary powers.

Answer 3

Discretionary powers are the freedoms given to someone to make decisions based on their judgment without strict rules.

Question 4

What does ‘unfettered discretion’ mean?

Answer 4

“Unfettered discretion” means having complete freedom without any restrictions in making those decisions.
Parliament gives discretionary powers to the executive (government officials) because it makes decision-making more efficient and allows for flexibility in applying laws.

Question 5

What are the constitutional limits, if any, on the exercise of discretionary powers?

Answer 5

The constitutional limits on the exercise of discretionary powers involve ensuring that the authority, entrusted with such powers by Parliament, acts in accordance with the intended policy and objectives of the relevant legislation.

Supported by C/L: Padfield v Ministry of Agriculture, Fisheries and Food [1968]

Question 5

What are the legal limits, if any, on the exercise of discretionary powers?

Answer 5

Lord Greene MR’s guidance emphasizes that discretionary powers should be exercised within the confines of the relevant statutory provisions.

Question 6

Can delegated powers be exercised by a subordinate

Answer 6

The Carltona principle supports the delegation of ministerial powers to civil servants, and the case of R v Adams affirmed and applied this principle