Illegality - judicial review

What is judicial review in the context of administrative law?

A supervisory check where courts ensure that decisions made by public authorities conform to the correct legal procedures.; a mechanism to verify legal limits have been acted within.

What does the term "ultra vires" mean?

The acts done beyond the legal power or authority of a public body; known as a decision made outside the scope of legal authority deemed illegal.

According to Lord Diplock, which three broad categories can judicial review grounds be classified under?

They are: illegality, irrationality, and procedural impropriety.

How is "illegality" defined within the supervisory function of judicial review?

When the decision-maker must correctly understand and give effect to the law that governs their decision-making powers., failing to do this or misusing authority is illegal..

What remedies are available in judicial review proceedings?

Remedies can include quashing orders, prohibiting orders, mandatory orders, declarations, or injunctions.

Who are the typical parties involved in a judicial review action?

the decision maker (a public authority or body discharging public functions) and the aggrieved individual (either a natural or legal person).

What does the ‘supervisory’ character of judicial review imply about the role of judges?

It means that judges monitor and oversee the actions of public authorities to ensure their decisions comply with legal constraints, without substituting their own judgment for that of the authority.

How does parliamentary sovereignty relate to judicial review?

by ensuring that public authorities do not exceed the powers granted by Parliament. They respect the principle that Parliament determines decision-making conditions, hence judges must not interfere by replacing decisions with their own.

R v Richmond Council, ex parte McCarthy and Stone Ltd

This case illustrates a public authority acting without a proper statutory basis, in this case the local planning authority charged £25 for an informal consultation despite no statutory authority for such a fee, deeming the decision illegal.

How did R (Public Law Project) v Lord Chancellor [2016] demonstrate illegality?

It challenged the Lord Chancellor’s decision to introduce a residence test for civil legal aid applications—an exercise of power that was ultra vires because the enabling legislation was not intended to allow such discretion.

What does Wheeler v Leicester City Council [1985] tell us about exercising power for an improper purpose?

The case showed that Leicester City Council wrongly banned Leicester Rugby Club from using a ground based on an irrelevant factor (players’ participation in a tournament in South Africa), thereby misusing its allocation power for an improper purpose.

What does the illegality ground scrutinise regarding considerations in decision-making?

It examines whether the public authority has taken into account irrelevant considerations or omitted relevant ones, which can render a decision legally unsound.

Describe the legal issue in R v Home Secretary ex parte Venables [1998] regarding illegality.

The case centred on the Home Secretary’s decision to set a 15-year sentence for two children who had committed murder, where the sentence was legally unsound as the decision improperly considered irrelevant factors like public opinion and ignored relevant expert reports.

What does Barnard v National Dock Labour Board illustrate about the delegation of powers?

It illustrates that a public authority cannot delegate its statutory power to another party without express authorisation, as doing so (in this case, dismissing workers without proper board involvement) is considered ultra vires.

What is the significance of the Carltona Ltd v Commissioners of Works [1943] exception?

his case established that decisions made by a junior official within a department can be attributed to the relevant minister, meaning that not all delegation is unlawful—delegation is acceptable when it remains within recognised departmental procedures.

Explain the issue in R v Adams [2020] directly related to illegality

The case challenged a decision from the 1970s where a custody order was issued by a junior official rather than the secretary of state. The court emphasised that some decisions, due to their momentous nature, must be made personally by a senior official to comply with parliamentary intention

Why is the "illegality" ground considered the judges' "safe ground" in judicial review?

Judges are generally comfortable assessing decisions on their legal merits and correctness. The illegality ground focuses on whether statutory requirements have been met, avoiding the more subjective areas of decision-making where judicial interference might encroach on the authority’s discretion.

What role do specific procedural requirements play in the judicial review process?

The Senior Courts Act 1981 and court rules details requirements, which ensure that applications for judicial review are properly made. They act as a safeguard to verify that public bodies, adhere to legal frameworks preserving the rule of law.