Card Set Information
Judicial Review Public Law UK
Revision for constitutional & Administrative law course - Judicial Review
What did Lord Brightman say about the limits of judicla review in Chief Constable of North Wales v Evans  WLR 1155?
JR '[i]s not an appeal from a decision, but a review of the manner in which the decision was made'
The grounds for JR can be classified in which three ways?
: A breach of statutory requirements or a disregard of the rules of natural justince
: Lord Diplock also classified them via illegality, irrationality and procedural impropriety
: Unreasonablenesss (illegality & irrationality) or Wednesbury unreasonableness'
Who classified grounds for judical review as illegality, irrationlaity and procedural impropriety and in what case? What other name does it go by?
Council for Civil Service Unions v Minister of State for Civil service  AC 374
The GCHQ ase
What does ultra vires mean?
Acting outside one's lawful powers' or 'in excess of ones lawful powers'
On what gounds can the courts rule illegality as grounds for JR?
Lack of Authority inc being compatible with the provisions of the HRA 1998 s6 (proportionate and necessity)
Error of Law
Failure to act
Acting in bad faith
Using powers for the wrong purpose or inconsistenctly with the purposes of an act
Onerous conditions attached to a decision
Abuse of discretion
In terms of illegality, what are the sub categories when a public body is abusing its dicreation?
Relevant and irrelevant considerations
Define irrationality when being used as grounds for a JR
'So unreasonable that no reasonable authority could ever have come to it'
'a decision is so outrageous in its definacne of logic or of accepted moral standards that no sensible person who applied his mind to the question to be decided could have arrived at it'
What is a classica case of irrationality and grounds for JR?
Associated Provincial Picture house Ltd v Wednesbury Corporation  1 KB 22
When may a court infer irrationality in a decision?
When a public body reaches a decision but does not supply the reasons for the decision
What are the sub ategories that form grounds for JR by procedural impropriety?
The right to a fiar hearing
List requirements that could be covered by a right to a fair hearing.
given indications of adverse evidence
hearsay evidence excluded
opportunity to respond
right to question witnesses
What does a right to fair hearing depend upon?
The facts of a case
What remedies are available to Judical review?
Quashing order (certiorari)
Prohibiting ordrs (prohibition)
Mandatroy orders (mandamus)
Declarations of incompatibility under HRA 1998