Deck 22: Grounds for Judicial Review I: the Substantive Grounds for Judicial Review

Question 1

If an authority misinterprets its legal powers this can be a basis for judicial review.

Answer 1

True

Question 2

With reference to case law, describe how the courts approach the concept of irrationality in judicial review proceedings.

Answer 2

No Answer

Question 3

Outline the facts of and legal principles laid down in the case of Associated Provincial Picture Houses Ltd v Wednesbury Corporation (1948)

Answer 3

No Answer

Question 4

Explain with reference to case law the courts' approach to the fettering of discretion.

Question 5

With reference to case law, describe how the courts distinguish between proper and improper use of power.

Question 6

With reference to case law, describe the courts' approach to errors of fact as a ground for judicial review.

Question 7

With reference to case law, outline and evaluate the doctrine of ultra vires as a rationale for judicial review.

Question 8

Which of the following terms have been used interchangeably with the term 'irrationality'?

A) Wednesbury unreasonableness
B) Frivolous or vexatious
C) Arbitrary and capricious
D) Acting perversely

Question 9

Which of the following distinctly fall within the head of judicial review relating to 'irrationality'?

A) Errors of law
B) Wednesbury unreasonableness
C) Using powers for the wrong purpose
D) Failure to act proportionately

Question 10

Traditionally, the courts have divided their approach to ruling on errors of fact into how many categories?

A) 2
B) 3
C) 4
D) 5

Question 11

In the GCHQ case (1985) which of the following was NOT mentioned as a principal head of judicial review but was accepted as a head which could develop in the future?

A) Irrationality
B) Proportionality
C) Illegality
D) Procedural impropriety

Question 12

The doctrine of proportionality only applies where an issue of fundamental human rights is in question.

Question 13

The European Court of Justice does not recognise the doctrine of proportionality.

Question 14

All delegations of powers conferred by statute are unlawful.

Question 15

An authority may act in an ultra vires manner if it adopts a policy which leads to it not truly exercising its discretion at all.

Question 16

In general the courts are more reluctant to review errors of law than errors of fact.

Question 17

The case of Anisminic Ltd v Foreign Compensation Commission (1969) destroyed the distinction between errors of law which 'went to jurisdiction' and errors of law within jurisdiction.

Question 18

Explain with reference to case law how the courts approach the doctrine of proportionality in relation to judicial review.