Illegality Flashcards
(31 cards)
Define Illegality
When a public body acts beyond its legal powers or misunderstands the law regulating its actions.
How did Lord Diplock define Illegality
Lord Diplock defined illegality in GCHQ 1985-
“The decision-maker must understand correctly the law that regulates his decision-making power and must give effect to it.”
Who decides Jurisdiction i.e if power exists
The courts. Whether a public body has a power is a justiciable (legal) question—judges decide.
Traditional view of error of law- What happens if a public body is found to not act within its jurisdiction?
If an error affects jurisdiction → decision is void.
If it’s within jurisdiction → it may stand.
Anisminic changed this.
What case principle did Anisminic establish
All errors of law are treated as jurisdictional = all are reviewable.
(Ouster clause ignored if error took the body outside its legal power.)
What are the five main sub-categories of illegality in judicial review?
- Error of law
- Acting for improper purpose
- Failing to act for statutory purpose
- Ignoring relevant / considering irrelevant factors
- Fettering discretion
Who interprets legal terms used in legislation – courts or public authorities?
The courts interpret legal terms to ensure consistency, independence, and legal expertise.
What case confirms the courts interpret legal terms objectively?
R (O) v Secretary of State for the Home Department [2022]
What are implied or incidental powers?
Powers not expressly stated in legislation but reasonably necessary to carry out a legal function.
What happened in the Fulham Corporation case regarding implied powers?
The council was found to have gone beyond its powers by setting up a commercial laundry service, which wasn’t reasonably incidental to its statutory duties.
When can decision-makers exercise discretion in interpreting vague statutory terms?
When the term is broad (e.g., “substantial part”), the courts allow some discretion unless the interpretation is irrational.
What did South Yorkshire Transport say about vague terms in legislation?
If a term is vague, courts will only intervene if the authority’s interpretation is irrational.
Are factual errors generally reviewable in judicial review?
No – courts usually defer to decision-makers unless the factual mistake affects legality or fairness.
When are factual errors reviewable under judicial review?
- When they relate to a jurisdictional fact (e.g., age in a child asylum case).
- When a mistake of fact leads to unfairness (E v SSHD case).
What are the conditions for a reviewable factual error under E v SSHD?
- Mistake of fact
- Fact was objectively verifiable
- Claimant not at fault
-Mistake played a material part in the decision
Improper Purpose= What is the rule about statutory purpose from Padfield v Minister of Agriculture?
Powers must be used to further the object and purpose of the statute.
What counts as an improper purpose in judicial review?
Using powers for political or personal gain, or for reasons not intended by Parliament.
What happened in Porter v Magill
The council sold council houses to gain electoral advantage—held to be an improper purpose.
Why was the council’s decision in Roberts v Hopwood unlawful?
They paid inflated wages to promote personal ideals, not the statutory aim of value-for-money governance.
Why was foreign aid to the Pergau Dam ruled unlawful in World Development Movement?
Aid was used for political reasons, not for actual development – this was beyond the Act’s purpose.
Can courts still determine purpose if legislation doesn’t state it clearly?
Yes – courts will infer a purpose from context and structure of the Act (Fewings case).
Why was the SoS’s direction unlawful in the Palestine Solidarity Campaign case?
He used pension law powers to pursue foreign policy, which was outside the legal purpose of those powers.
Relevant and Irrelevant Considerations- What are the three types of considerations under the Fewings framework?
- Must consider (mandatory)
- Must not consider (prohibited)
- May consider (discretionary)
What is a case example of failing to consider a mandatory factor?
MM (Lebanon) – failure to consider child’s best interests breached a statutory duty.
