Grounds: Illegality

Question 1

What does the ground of illegality in judicial review primarily address?
A. Whether the outcome of the decision is fair
B. Whether the public supports the decision
C. Whether Parliament agrees with the result
D. Whether a public body has acted outside its legal powers

Answer 1

D. Whether a public body has acted outside its legal powers
Explanation: Illegality focuses on whether the public body has lawfully exercised its powers, not on the merits of its decision.

Question 2

Which of the following best describes “ultra vires” conduct?
A. A dispute over resource allocation
B. A controversial political policy
C. A decision made in private
D. A public authority acting beyond the powers granted by statute

Answer 2

B. A public authority acting beyond the powers granted by statute
Explanation: “Ultra vires” literally means “beyond powers” — any such act is unlawful and open to judicial review.

Question 3

In Anisminic v Foreign Compensation Commission [1969], what key principle was established?
A. All errors of law by a public body render its decision reviewable
B. Only merits-based errors are reviewable
C. Ouster clauses completely prevent review
D. Public interest overrides legality

Answer 3

A. All errors of law by a public body render its decision reviewable
Explanation: Anisminic confirmed that any legal error makes a decision void and subject to judicial review — even if ouster clauses exist.

Question 4

A local council bans an activity based on moral disapproval, not legal or planning concerns. What ground of illegality applies?
A. Error of law
B. Consideration of irrelevant factors
C. Procedural impropriety
D. Natural justice

Answer 4

B. Consideration of irrelevant factors
Explanation: In Fewings [1995], moral reasoning was not a legally relevant factor and thus the decision was unlawful.

Question 5

A minister refuses to consider any exceptions to a blanket policy, even where individual hardship is proven. What ground applies?
A. Fettering of discretion
B. Improper purpose
C. Irrationality
D. Lack of jurisdiction

Answer 5

A. Fettering of discretion
Explanation: A public body may adopt a policy, but it must remain open to exceptions — rigid application is unlawful.

Question 6

A statutory power to provide washing facilities is used to operate a commercial laundry service. What principle is likely breached?
A. Ultra vires – acting beyond legal authority
B. Legitimate expectation
C. Bias
D. Natural justice

Answer 6

A. Ultra vires – acting beyond legal authority
Explanation: In AG v Fulham Corporation, the court held that the council went beyond its statutory power, making the act unlawful.

Question 7

A minister uses statutory power intended for regulating public safety to suppress peaceful protest. What illegality ground may apply?
A. Delay
B. Fettering discretion
C. Error of law
D. Use of power for an improper purpose

Answer 7

D. Use of power for an improper purpose
Explanation: When power is exercised for a purpose not intended by Parliament, it becomes unlawful, even if the power itself exists.

Question 8

In British Oxygen v Board of Trade [1971], what principle did the court affirm?
A. Courts may replace administrative decisions
B. Public bodies must always follow their policies
C. Policies are lawful if decision-makers remain open to exceptions
D. Only ministers can issue blanket policies

Answer 8

C. Policies are lawful if decision-makers remain open to exceptions
Explanation: Public bodies can have general policies, but must retain discretion to consider special cases.

Question 9

What is required for an “error of fact” to be reviewable?
A. A delay in processing
B. A legal appeal
C. A clear and material mistake that affects the decision
D. A statutory interpretation issue

Answer 9

C. A clear and material mistake that affects the decision
Explanation: An error of fact may ground a claim where the mistake is verifiable, significant, and materially alters the outcome (E v SSHD [2004]).

Question 10

Which ground is engaged when a public body unlawfully delegates decision-making authority?
A. Fettering discretion
B. Procedural impropriety
C. Legitimate expectation
D. Unauthorised delegation of power

Answer 10

D. Unauthorised delegation of power
Explanation: If a power is granted to a specific public authority, it must exercise it personally, unless delegation is expressly permitted (Lavender [1970]).