Lecture 16- Grounds of judicial review
What is meant by ‘grounds of review’
- A specific, recognised reason why the court can determine that a discretionary decision-
making power has been used incorrectly.
Ways a decision can be illegal
- unlawful delegation
- error of law
- failure to exercise discretion
- acting with an improper purpose
- failure to consider relevant factors
- consideration of irrelevant factors
- acting ultra-vires
UNLAWFUL DELEGATION
Barnard v National Dock Labour Board [1953] 2 QB 18
Carlto
na Ltd v Commissioner of Works [1943] 2 All ER 560
What is meant by ‘grounds of review’
- A specific, recognised reason why the court can determine that a discretionary decision-
making power has been used incorrectly.
Ways a decision can be illegal
- unlawful delegation
- error of law
- failure to exercise discretion
- acting with an improper purpose
- failure to consider relevant factors
- consideration of irrelevant factors
- acting ultra-vires
UNLAWFUL DELEGATION
Barnard v National Dock Labour Board [1953] 2 QB 18
Carlto
na Ltd v Commissioner of Works [1943] 2 All ER 560