Judicial Review - Grounds: Illegality
Basics
Judicial review is not an appeal - Appealing against the decision-making process that was used
Reviewing whether decision has been reached in a lawful fashion.
Lord Diplock's classification in GCHQ case.
Illegality.
Irrationality.
Procedural impropriety.
Types of Grounds
Illegality.
Irrationality.
Procedural impropriety.
Legitimate expectations.
Human Rights Act 1998, s6.
Illegality
"...the decision maker must understand correctly the law that regulates his de
give effect to it"
- Diplock
Public body acted outside its legal powers when making its decision - 'Ultra Vires'.
Types of Illegality
Error of fact/law.
Law - If public body gets the law wrong, judicial review will usually be successful.
Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147
Basics
Judicial review is not an appeal - Appealing against the decision-making process that was used
Reviewing whether decision has been reached in a lawful fashion.
Lord Diplock's classification in GCHQ case.
Illegality.
Irrationality.
Procedural impropriety.
Types of Grounds
Illegality.
Irrationality.
Procedural impropriety.
Legitimate expectations.
Human Rights Act 1998, s6.
Illegality
"...the decision maker must understand correctly the law that regulates his de
give effect to it"
- Diplock
Public body acted outside its legal powers when making its decision - 'Ultra Vires'.
Types of Illegality
Error of fact/law.
Law - If public body gets the law wrong, judicial review will usually be successful.
Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147
