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Cover Public Law

12. Judicial review: illegality  

This chapter considers ‘illegality’ as a ground of judicial review. Illegality is one of the three main grounds of judicial review as outlined by Lord Diplock in Council of Civil Service Unions & Others v Minister for the Civil Service. Broadly, the aim of this ground of judicial review is to ensure that public authorities act within the scope of their powers. This means that illegality is a wide ground of judicial review and is best considered as an umbrella term for a range of different ways in which a decision by a public authority can be challenged. A decision can be challenged under this ground of judicial review on the basis that the public authority lacks the power to make the decision in the first place, or if it does have the power, then the power has been exercised incorrectly.


Cover Public Law Concentrate

11. Grounds for judicial reviewIllegality  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter looks at the classification of grounds for judicial review, illegality, ultra vires, jurisdictional and non-jurisdictional error, subjective discretion and the ultra vires doctrine, improper purpose with or without express stipulation in the empowering statute, mixed motives, relevant and irrelevant considerations with or without express stipulation in the empowering statute, lack of evidence, and unlawful failure to exercise a discretionary power by policy, estoppel based on a representation made by an official, agreement, or wrongful delegation.