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L2, T1 Grounds of Judical Review - Coggle Diagram
L2, T1 Grounds of Judical Review
Illegality
Structure for PQs:
1.What powers were granted to the public authority? E.g. source (statue, prerogative etc). + scope of these powers though interpretation.
2.Did the public authority act outside these powers? E.g. What has the decision maker decided, logical/ objective interpretations of law. However, not all methods of interoperation will have the same outcome.
Miller (No 2) [2019] UKSC 41 - UKSC unanimously rules that the advise of the PM was unlawful. Establishing, there are legal limits to prerogative powers.
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Procedural Fairness
Idea that the process to reach decission must also be juts, nt just the outcome of the decision. In law, decision making process must comply with certain requirements.
Validates outcome of decision. - Raji v. General Medical Council [2003] UKPC 24 [2003] 1 WLR 1052 at [13], per Lord Steyn: “an instrumental role in promoting just decisions”
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