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Public Law - Illegality revision notes (semester 2) CA$5.48   Add to cart
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Public Law - Illegality revision notes (semester 2)
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  • Course
  • Public Law (LAW106)
  • Institution
  • The University Of Liverpool (UoL)

Documents containing all the relevant information about the topic, condensed into colour coded tables to enable easier memorisation and order. I achieved a first class in public law using these notes.

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  • January 14, 2024
  • 2
  • 2022/2023
  • Exam (elaborations)
  • Questions & answers

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  • public law
  • public law exam
  • public law revision
  • public law revision notes
  • constitutional law notes
  • human rights notes
  • law
  • problem questions law

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  • Public Law (LAW106)
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Illegality – delegation and (improper) purposes


“Judicial review has I think developed to a stage today when…one can conveniently classify
under three heads the grounds upon which administrative action is subject to control by
judicial review.
• The first ground I would call ‘illegality,’
• the second ‘irrationality’ and
• the third "procedural impropriety.’”

(Lord Diplock in the GCHQ case)

ILLEGALITY - DELEGATION

ISSUE: The issue in this scenario is under the ground of what Diplock in the GCHQ case
called, ‘illegality’ and more specifically this engages with delegation.

ARTICULATE LEGAL TEST Don’t delegate discretionary power

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

AUTHORITY FOR TEST Barnard
Lavender
EXCEPTIONS!!! Carltona case does provide an exception to this rule which is
that government ministers can delegate to others in your
department or an executive agency

Adams case which might destabilise the rule in Carltona as it
explains how ministers cannot delegate decisions which have
particularly momentous consequences (such as being
detained!!)


THEN APPLY TO FACTS OF PROBLEM QUESTION!!!

Possible cues in a problem question
 a decision maker asking someone else to make decisions for them
 a decision maker routinely relying on someone else’s views
 situations where it is ambiguous who is really making the decisions
 a minister delegating a particularly momentous decision (e.g., to detain someone)

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