Lecture 20: JR - illegality Flashcards
Are any powers immune from Judicial Review?
No—according to De Smith’s Judicial Review, all powers can be checked by courts. It’s the court’s job to make sure the law is followed.
What limits the scope of Judicial Review?
Judicial Review is limited—courts only step in when it fits their role, especially if the issue needs expert judgment they may not have.
What are the common law grounds for Judicial Review?
The main grounds include:
Illegality
Irrationality
Procedural Impropriety
Legitimate Expectation
Proportionality
What are the statutory grounds for Judicial Review?
Statutory grounds include breaches of Convention rights under the Human Rights Act 1998, or devolution issues under the Scotland Act 1998.
What does substantive review involve in Judicial Review?
Substantive review checks if the decision itself was lawful, while procedural review looks at whether the right steps were followed.
What is meant by intensity of review?
Intensity of review means how closely courts check a decision.
If the decision-maker has lots of freedom, courts usually look at it less strictly.
Why might courts show deference in Judicial Review?
Courts defer when decisions involve policy, expert knowledge, or politics—things they aren’t meant to rule on.
What does illegality mean in Judicial Review?
Illegality means the decision-maker must apply the correct law when making decisions.
If they fail to do so, their decision is unlawful, as outlined in GCHQ [1985]
Can discretionary powers be delegated?
Discretionary powers cannot be delegated unless authorized by law.
Cases like Barnard [1953] and Bourgass [2015] discuss this legal requirement.
How do courts interpret statutes objectively?
Courts interpret laws objectively based on what a reasonable Parliament meant by the words used, as explained in R (O (A Child)) [2022].
Why is statutory purpose important in interpretation?
Statutory purpose helps explain unclear words. This is highlighted in Bloomsbury [2011], where courts referred to the statute’s purpose for guidance.
Must a statute always have a purpose?
Yes—courts must find a law’s purpose, even if it’s not clearly stated, as Fewings [1995] said every law has a purpose.
What counts as a relevant consideration in decision-making?
Relevant considerations are factors that affect the decision.
Courts decide which ones matter and how much they count.
What are the two key principles linked to purpose and relevance?
Purpose: Powers must only be used for their intended purpose.
Relevance: Decisions must only consider legally important factors.
What are possible illegality arguments?
Possible illegality arguments are:
No legal duty to make decision
Improperly delegates decision-making power
