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What are the main sub grounds of illegality?

What are the main sub grounds of illegality?

The grounds for review Illegality e.g. errors of law. Irrationality (Wednesbury unreasonableness) Procedural impropriety i.e. whether the correct procedures have been followed by the amenable body.

What does illegality mean in judicial review?

A public body is not permitted to act beyond the scope of its powers and duties, which may be defined by reference to applicable legislation, whether domestic or European (including EU law and the European Convention on Human Rights).

What are the grounds of review for legality of administrative action?

It sets out a list of “grounds” on which courts can review administrative action. Administrators must obey the law and must have authority in law for their decisions. If administrators make decisions that are not allowed by law, they have acted “unlawfully” and their decisions will be invalid.

What is the Wednesbury principle?

A reasoning or decision is Wednesbury unreasonable (or irrational) if it is so unreasonable that no reasonable person acting reasonably could have made it (Associated Provincial Picture Houses Ltd v Wednesbury Corporation (1948) 1 KB 223).

What are the grounds for challenging of an administrative action?

If any order passed by them is illegal, then the Superior Court may quash or demolish it. Grounds of this writ are (a) excess or failure to exercise the jurisdiction (b) violation of the principles of natural justice (c) authority has failed to correct an error which has been apparent on the face of the record.

What are the grounds of review?

There are three main grounds of judicial review: illegality, procedural unfairness, and irrationality. A decision can be overturned on the ground of illegality if the decision-maker did not have the legal power to make that decision, for instance because Parliament gave them less discretion than they thought.