topic 2 - illegality Flashcards
(6 cards)
1
Q
jurisdiction
A
power to act / decide / make a decision
2
Q
illegality
A
- ‘The decision-maker must understand correctly the law that regulates his decision-making power and must give effect to it.’
GCHQ at 410 (per Lord Diplock )
3
Q
who gets to decide on illegality?
A
‘Whether he has or not is par excellence a justiciable question to be decided, in the event of dispute, by those persons, the judges, by whom the judicial power of the state is exercisable.’
4
Q
Anisminic [1969] 2 AC 147
A
-> any error of law made by an [administrative body] in reaching its decision can be quashed
5
Q
R (on the application of O (A Child)) v Secretary of State for the Home Department [2022] UKSC 3 [31]
A
-> error in interpreting the law
-> questions of law are for courts to determine
6
Q
A
