WJEC A-Level Government and Politics 603-1979-3
The British Constitution
The Judiciary and the Supreme Court
The UK Executive
Parliament and the Accountability of Government
Government and the Senedd in Wales
Devolution and the United Kingdom
Citizenship and Rights
The Protection of Human Rights
Democracy and Participation
Electoral Systems in the UK
Voting Behaviour in the UK
Political Parties in Wales and the UK
Pressure Groups and Social Movements
Liberalism
Conservatism
Socialism and Communism
Nationalism
The US Constitution and Federalism
Rights and Liberties in the USA
The US Congress
The US Presidency
The US Supreme Court
US Elections and Voting Behaviour
Political Parties in the USA
The Judiciary and the Supreme Court
Judicial review and the doctrine of ultra vires
- 3 things to know
- AS Unit 1
Overview
Judicial review, ultra vires and wednesbury unreasonableness.
What you need to know
Answer each one before you reveal it.
What does ultra vires mean?
Distinguish substantive from procedural ultra vires.
Questions from this subtopic
Each one with the model answer underneath.
- 1
What is judicial review?
Model answer
Judicial review is the process by which the courts examine the lawfulness of decisions and actions taken by public bodies.
- 2
What does ultra vires mean?
Model answer
Ultra vires means beyond the powers, and describes action taken by a public body outside the authority the law confers on it.
- 3
Distinguish substantive from procedural ultra vires.
Model answer
Substantive ultra vires is doing something the body has no power to do at all; procedural ultra vires is failing to follow a procedure the law requires.
- 4
Which case set out the modern grounds of judicial review?
Model answer
The GCHQ case of 1985, in which Lord Diplock grouped the grounds as illegality, irrationality and procedural impropriety.
- 5
On what basis can a court quash a decision taken outside the powers Parliament granted?
Model answer
Illegality: a public body must act within the powers conferred on it and use them for the purpose for which they were given.
- 6
What is Wednesbury unreasonableness?
Model answer
It is a decision so unreasonable that no reasonable public body properly directing itself could have reached it.
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