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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.

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Key term

What is judicial review?

Key term

What does ultra vires mean?

Key term

Distinguish substantive from procedural ultra vires.

Questions from this subtopic

Each one with the model answer underneath.

  1. 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. 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. 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. 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. 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. 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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AAccess is bought rather than earned.
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