Public Law – Exam Revision: Constitutional Law, Administrative Law,
and Judicial Review Study Guide
Judicial Review - Constitutional Foundations - correct answer ✔✔Accountability - in order for
Gov to be held to 'good governance' they work in the interest of the public, but need to be held
accountable (elections, parliament to electorate), Judicial Review challenges legality of decision
making process (tribunals, ombudsman, public inquiries)
Two types of judicial review;
- Review of legislative action
- Review of Executive Action (for example, Parliament pass a law allowing local councils to put in
minimal prices for alch, local council now have many options so judicial review keeps check on
it)
Any gov dept, authority or agency must excercise powers of governmental nature lawfully,
judical review ensures activies are carried outwithin confines of power conferred, concerned
with legality
Judicial Review and the Constitution - correct answer ✔✔JR important because makes public
authorities subject to law, ordinary people challeneg authorites and demand explanation for
actions, ensures intention of Parliament is being complied with, Minimal Alcohol Price Act 2014
- local councils implement reasonable minimal prices on alch, courts interpet what this means
and councils act within this scope
Ultra Vires Theory - authority of courts in juducal review stems from ensuring public authorties
act within intention of parliament, public authorities that acts within powers that are given by
law are intra vires and if public authories act outside their powers they are ultra vires and then
the courts can intervene, this theory supports parliamentary sovereignty and rule of law,
however there are problems with ultra vires approach as courts review non statutory powers
and the principle of judicial review has developed considerably over years
Judicial Review - Common Law Theory - correct answer ✔✔Common law theory states that
when parliament gives a power to a public authority, common law takes away the power to
excercise that power unfairly.
, Parliament intends the power it creates to be excercised within the rule of law, and it is for the
courts to determine what this means. So role of judicial review;
1) ensure acts of parliament correctly interpreted
2) discrection conferred by statue correctly exercised
3) decision made fairly
4) human rights not breached
The Grounds of Judicial Review - correct answer ✔✔When a public body acts ultra vires they
are beyond legal powers. Specific grounds of judicial review are;
- Illegality
- Irrationality
- Procedural impropriety
Judicial Review - Illegality - correct answer ✔✔GCHQ - Lord Diplock 'by illegality for grounds of
juducla review, the decision maker must correctly understand the law that regulates his decision
making power and must give effect to it'.
No definitive way to catogorise different elements of illegality, they merge and overlap each
other
Attory General v Fulham Coroportation (1921) - local authorties have power to establish baths,
wash houses and bathing space, Fulham corporation set up municipal laundry for public use,
but it was operated by coroproation employees, HELD that only extended powers to providing
facicilities and not for coroproation to wash clothes itself.
Judicial Review - Ilegality and Discretion - correct answer ✔✔Descretion is necessary for
governement; a public officer has discrection whenever the effective limits on his power leave
him free to make a choice between possible courses of actions or inaction
ADVANTAGES
- Flexability
- Purposive rather than legalistic
and Judicial Review Study Guide
Judicial Review - Constitutional Foundations - correct answer ✔✔Accountability - in order for
Gov to be held to 'good governance' they work in the interest of the public, but need to be held
accountable (elections, parliament to electorate), Judicial Review challenges legality of decision
making process (tribunals, ombudsman, public inquiries)
Two types of judicial review;
- Review of legislative action
- Review of Executive Action (for example, Parliament pass a law allowing local councils to put in
minimal prices for alch, local council now have many options so judicial review keeps check on
it)
Any gov dept, authority or agency must excercise powers of governmental nature lawfully,
judical review ensures activies are carried outwithin confines of power conferred, concerned
with legality
Judicial Review and the Constitution - correct answer ✔✔JR important because makes public
authorities subject to law, ordinary people challeneg authorites and demand explanation for
actions, ensures intention of Parliament is being complied with, Minimal Alcohol Price Act 2014
- local councils implement reasonable minimal prices on alch, courts interpet what this means
and councils act within this scope
Ultra Vires Theory - authority of courts in juducal review stems from ensuring public authorties
act within intention of parliament, public authorities that acts within powers that are given by
law are intra vires and if public authories act outside their powers they are ultra vires and then
the courts can intervene, this theory supports parliamentary sovereignty and rule of law,
however there are problems with ultra vires approach as courts review non statutory powers
and the principle of judicial review has developed considerably over years
Judicial Review - Common Law Theory - correct answer ✔✔Common law theory states that
when parliament gives a power to a public authority, common law takes away the power to
excercise that power unfairly.
, Parliament intends the power it creates to be excercised within the rule of law, and it is for the
courts to determine what this means. So role of judicial review;
1) ensure acts of parliament correctly interpreted
2) discrection conferred by statue correctly exercised
3) decision made fairly
4) human rights not breached
The Grounds of Judicial Review - correct answer ✔✔When a public body acts ultra vires they
are beyond legal powers. Specific grounds of judicial review are;
- Illegality
- Irrationality
- Procedural impropriety
Judicial Review - Illegality - correct answer ✔✔GCHQ - Lord Diplock 'by illegality for grounds of
juducla review, the decision maker must correctly understand the law that regulates his decision
making power and must give effect to it'.
No definitive way to catogorise different elements of illegality, they merge and overlap each
other
Attory General v Fulham Coroportation (1921) - local authorties have power to establish baths,
wash houses and bathing space, Fulham corporation set up municipal laundry for public use,
but it was operated by coroproation employees, HELD that only extended powers to providing
facicilities and not for coroproation to wash clothes itself.
Judicial Review - Ilegality and Discretion - correct answer ✔✔Descretion is necessary for
governement; a public officer has discrection whenever the effective limits on his power leave
him free to make a choice between possible courses of actions or inaction
ADVANTAGES
- Flexability
- Purposive rather than legalistic
