An examination of the "Council of Civil Service Unions v Minister for Civil Service" (or GCHQ) case and its relevance to judicial reviews.
Written in 2004; 2,873 words; 6 sources; APA; $ 85.95
Paper Summary:
This paper questions whether the "Council of Civil Service Unions v Minister for Civil Service" (or GCHQ) case still has a great deal to teach us about judicial review. It examines the existing grounds of judicial review with respect to the GCHQ case, namely, illegality, irrationality and procedural impropriety. The paper shows that they are extremely developed and that they contribute to making the process of judicial review more accessible.
From the Paper:
"By illegality, he meant that 'the decision-maker must understand correctly the law that regulates his decision-making power and must give effect to it.' The courts may intervene and rule an action or a decision illegal if it is "ultra vires" i.e. the public body or officer performing it had no power to take such action or they exceeded their power. Moreover, an exercise of power which runs counter to the policy and objectives of the empowering Act or defeats the purpose for which power was given is also deemed to be illegal. There are various principles which fall under this head: (a) Relevant/Irrelevant Considerations, (b) Fiduciary Duty, (c) Fettering of Discretion, (d) Improper Purpose, and (e) Bad Faith. In reality, this definition sheds little light on these principles under its head. We will briefly cover these principles below."
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