BRIT POLITICS:Advanced 16 - 18 Years:Exploring The Constitution:Why may a court decide an action illegal?

Why may a court decide an action is illegal?

Reasons why the courts may decide the decision or action is illegal include:-

-        The ultra vires principle. The public body did not have the powers under legislation to take the decision or carry out the action.

-        The person who took the decision did not have the authority within the organisation to do so.

-        The decision relied on incorrect facts

-        The Wednesbury principle.  Public bodies should come to decisions that are reasonable in terms of basic logic and moral standards

-        The public body took into account irrelevant factors in coming to the decision or did not take into account relevant factors

-        There was no right to a fair hearing by the person affected

-        The decision is in breach of Human Rights Law or EU law


Helpful Resources