Grounds of Judicial Review of Administrative Action

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HomeBrud.gifAdministrative LawBrud.gifJudicial Control of Administrative ActionBrud.gifGrounds of Judicial Review of Administrative Action

The various grounds on which a Judicial review can be called for against an administrative action include:

  • Illegality
  • Irrationality / Wednesbury Test
  • Procedural Impropriety
  • Proportionality

Illegality

  • Doing an act with no legal authority (simple illegality).
    • Laker Airways v Department of Trade [1977] QB 643 CA
  • Misinterpreting the law governing the decision.
    • These are non-jurisdictional errors of law
    • R v Lord President of the Privy Council, ex p Page [1993] AC 682
  • Failure to retain a discretion by:
    • Improper delegation.
      • An administrative function can be delegated but a judicial function can rarely be delegated.
      • Barnard v National Dock Labour Board [1953] 2 QB 18
    • Fettering of discretion by adoption of over-rigid policy.
  • Abuse of discretion:
    • Using a power for an improper purpose.
    • Taking into account irrelevant considerations or failing to take into account relevant considerations, or breaching a legitimate expectation.

Irrationality / Wednesbury Test

Procedural Impropriety

Proportionality

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