2. Jurisdiction and Illegality in Judicial Review

What is "jurisdiction" in administrative law?

It defines the scope and limits of a public body's legal power

What happens if a public body acts outside its jurisdiction?

Its decision is ultra vires (beyond powers) and considered a nullity

Who determines if a public body acted within its jurisdiction?

Judges decide this, as public bodies cannot set their own limits

What was the traditional view of an 'error of law'?

An error about a public body's powers was 'jurisdictional error', quashable. Other errors stood

How did Anisminic change the view on errors of law?

It led to all errors of law made by an administrative body being reviewable and quashable

What is the first ground of judicial review: "illegality"?

The decision-maker must correctly understand and apply the law regulating their power

Is Lord Diplock's list of grounds (illegality, irrationality, procedural impropriety) exhaustive?

No, it is not exhaustive or closed, and the grounds often overlap

What does "error in interpreting the law" mean under illegality?

Courts generally determine questions of law due to their expertise and need for consistency

What are "reasonably incidental" powers?

Actions not expressly authorised but considered consequential or necessary to express powers

Provide an example of a power found not to be reasonably incidental.

Fulham Council washing clothes for residents was not incidental to providing a wash-house

What is the Padfield principle on improper purpose?

Discretionary power must be used to promote the policy and objects of the Act

Give an example of acting for an improper purpose.

Selling council flats to gain electoral advantage for a political party was unlawful, as in Porter v Magill

How was improper purpose shown in Palestine Solidarity Campaign?

SoS tried to enforce foreign policy through guidance meant for pension scheme administration

What are mandatory considerations?

Factors that must be taken into account, required by legislation or policy, e.g., s55 Borders Act

What is the Public Sector Equality Duty (PSED)?

Public bodies must have "due regard" to equality in their functions (s149 Equality Act 2010)

When must the PSED be considered?

It must be considered at the time the decision is made, not as an afterthought

What are irrelevant considerations?

Factors Parliament did not intend to be considered when granting discretionary powers

Do courts review the weight given to relevant considerations?

Generally no; it's the decision-maker's judgment, unless "Wednesbury irrational"

Are courts willing to review decisions based on mistakes of fact?

Courts are generally reluctant, as JR is about legality, not substituting judgment

What is a "jurisdictional fact"?

A condition that must be met for a statutory power to be exercised, reviewable by courts

When can a mistake of fact be challenged (per E v SSHD)?

If it's an established, material fact, not caused by applicant, causing unfairness

What is "fettering discretion"?

When a public body applies a policy rigidly, refusing to consider individual circumstances

Give an example of fettering discretion.

A coroner's policy of not prioritising burials based on religion was unlawful