Untitled Deck Flashcards
What is judicial review?
Judicial review is the process by which courts ensure public bodies act within their granted powers and do not exceed or abuse those powers.
What role does judicial review play in the UK Constitution?
Judicial review is a key part of the rule of law and the separation of powers in the UK Constitution.
What are the three main grounds of domestic judicial review identified by Lord Diplock?
The three grounds are illegality, irrationality, and procedural impropriety.
What are the two additional grounds of judicial review outside the domestic law?
Judicial review can also be based on a breach of the European Convention on Human Rights and a breach of retained EU law.
What is the ground of judicial review called ‘illegality’?
Illegality occurs when a public body acts beyond the powers granted to it, either by exceeding or abusing those powers.
What is the rule against delegation in judicial review?
The rule against delegation means that decision-making powers conferred by Parliament cannot be further delegated unless specific exceptions apply.
What is ‘fettering of discretion’?
Fettering of discretion occurs when a decision maker applies a policy too rigidly or acts under the influence of another party.
What are irrelevant and relevant considerations in the context of judicial review?
Public authorities must consider relevant factors in their decision-making and disregard irrelevant ones.
When can errors of law be reviewed by courts?
Errors of law affecting a decision are always subject to judicial review.
What is the ground of judicial review called ‘irrationality’?
Irrationality is when a decision is so unreasonable that no reasonable authority could have made it.
What is the procedural ground of judicial review?
Procedural grounds focus on whether the correct procedures were followed in decision-making.
What are the two rules of natural justice?
The two rules are the rule against bias and the right to a fair hearing.
What is the significance of direct and indirect interest in judicial review?
Direct interests are more likely to lead to a decision being quashed, while indirect interests require closer examination for potential bias.
How does the right to a fair hearing differ across types of cases?
The right to a fair hearing depends on the type of case.
What is the concept of procedural ultra vires in judicial review?
Procedural ultra vires refers to a failure to follow statutory procedural requirements.
