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Constitutional law

The supremacy of the constitution

Lord diplock in t case council of civil service unions v minister of the civil service 1985 AC 374 said “judition review has an in developed to a state today without reiteration any analysis of the steps by which the development has come about one can conveniently classify under 3 heads the grounds on which administrative action is subject to control by judicial review.

The first, Illegality and the second irrationality and third procedural impropriety

What is illegality? This is the decision maker must understand correctly the law that regulates his decision making power and must give effect to it, whether he has or not is par excellence s justiciable question to be decided in the event of dispute by those persons the judges by whom the judicial power of the state is exercisable. Lord Diplock used the word illegality to cover a number of different grounds which are frequently treated separately. The most important are

1. An authority must not exceed its jurisdiction by proportion to exercise powers it does not posses

2. An authority must direct its self properly on the law

3. An authority must not use its power for an improper purpose

4. An authority must take into account all relevant considerations and disregard to all irrelevant considerations

5. An authority to which the exercise of a discretion has been entrusted cannot delegate the exercise of its discretion to another unless clearly authorise to do so

6. An authority must not fetter its discretion

7. An authority acts unlawfully, if it fails to fulfil a statutory duty

8. An authority must not make a mistake of fact

9. An authority must not excessively interfere with fundamental rights CASE Anismic ltd V foreign compensation 1969 2AC 147 HL

Lord Diplock regarding this case as liberating English public law “ from the fetters that the court had, therefore impose upon themselves so far as determinations of...