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Words: | Submitted: Wed May 27 2009
... three common law grounds of judicial review as set out by Diplock LJ in Council of Civil Service Unions v. Minister for the Civil Service [1985] AC 374 (illegality, irrationality and procedural impropriety) plus the effects of the Human Rights Act 1998, the available remedies, and then to consider how the law may develop further in the future. This analysis should provide some good indications as to what the primary purpose of judicial review is. The first ground set out in the CCSU case is illegality. This occurs when a power is exercised which is not granted by the law regulating that power. In Allingham v The Minister of Agriculture and Fisheries (1948) the Minister had a power to delegate the provisions of the authority to a committee. This committee then attempted to sub-delegate, but when the sub-delegated officer attempted to enforce his decision it was quashed on judicial review for ...
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