judicial review -illegality, dissertation Flashcards
(16 cards)
What is justiciability?
Justiciability refers to whether a matter is suitable for judicial review, which is determined by the constitutional role of the courts, their institutional capacity, and whether the issue is considered “polycentric” or involves broad policy decisions.
What are the main grounds of judicial review according to Lord Diplock in the GCHQ case?
Illegality
Irrationality (unreasonableness)
Procedural impropriety
What is the difference between English and Scottish law regarding grounds of review?
There is no substantial difference between English and Scottish law on the grounds for judicial review. Both systems apply the same substantive grounds to decisions made by tribunals within their jurisdiction.
What are the common law grounds of judicial review?
Illegality
Irrationality (unreasonableness)
Procedural impropriety
Legitimate expectation
Proportionality (Pham v Secretary of State for the Home Office)
What are statute-based grounds for judicial review?
Breach of Convention rights under the Human Rights Act 1998
The Scotland Act 1998
What is substantive review in judicial review?
Substantive review refers to the courts examining the substance of the decision to determine its lawfulness, as opposed to only considering the procedures followed.
What is the concept of discretion in administrative law?
Discretion exists where a decision-maker has the power to make choices between different courses of action, even when the end goal is specified by law.
What is the intensity of review in judicial review?
Intensity of review refers to how closely the courts examine the content of the decision and how wide a discretionary area of judgment is left to the decision-maker.
What is meant by deference in judicial review?
Deference occurs when courts refrain from intense scrutiny of certain decisions and leave them to the discretion of the decision-maker, particularly when the issue is non-justiciable or inappropriate for judicial intervention.
What does “illegality” mean as a ground for judicial review?
Illegality refers to the requirement that decision-makers must correctly understand the law that governs their powers and apply it properly. The courts can determine if the law has been properly applied.
What is an example of unlawful delegation in administrative law?
Unlawful delegation occurs when discretionary powers are wrongly transferred to another body or individual. For example, the case of Barnard v National Dock Labour Board (1953) examined whether delegation was authorized by law.
What is the Carltona principle?
The Carltona principle allows civil servants to make decisions on behalf of ministers, even though the ministers are legally responsible for their departments (Carltona Ltd v Commissioners of Works, 1943).
What was the outcome of Padfield v Minister of Agriculture?
The court held that the Minister’s discretion was improperly exercised by failing to act in the way the statute intended, highlighting that discretion must be exercised in line with the purpose of the statute.
How do courts interpret statutes in judicial review cases?
Courts interpret statutes by objectively assessing the meaning the legislature sought to convey. The statutory purpose and the general scheme of the statute are key considerations.
What is the importance of statutory purpose in judicial review?
Courts ensure that powers granted by statute are used for the intended purpose. If a decision-maker acts for an improper purpose, such as irrelevant considerations, it can be subject to judicial review.
What is the principle of relevance in judicial review?
Relevance refers to the requirement that decision-makers must act on legally relevant considerations and exclude irrelevant factors. Courts determine what is legally relevant and whether the correct weight was given to each factor.
