Judicial Review - Illegality

Question 1

Illegality

Answer 1

Lord Diplock stated the decision-maker must understand and follow the law that regulates their decision making. The decision-maker must have acknowledged the scope of their power given by Parliament and exercised their power to that specified degree

Question 2

Instances of Illegality

Answer 2

-Power the authority does not possess
-Using power for an improper purpose
-Failing to consider relevant considerations/considering irrelevant ones
-The delegation of powers in the absence of authorisation

Question 3

Power the authority does not possess

Answer 3

Richmond Council - Decision quashed as authority used power they didn’t possess

Public Law Project - Decision quashed as authority used power they did possess but stretched it to the degree that it was outside of the scope the power provided

Question 4

Relevant Consideration

Answer 4

Venables - Decision quashed as decision-maker disregarded relevant considerations and disregarded the irrelevant ones

Question 5

Improper Purpose

Answer 5

Wheeler - Decision quashed as power was used against a club who had done nothing wrong

Question 6

Delegation

Answer 6

Barnard - Decision was unlawful as the decision-maker was not the one given the power

Question 7

Delegation Exception

Answer 7

Carltona - Where the delegated body uses power and resides in the same department as the person given the power, the decision can be lawful

Adams - UNLESS the power is explicitly stated to have been needed to be carried out by a specific person