Exploring the Constitution
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