Exploring the Constitution
Why may a UK 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
* In light of the transition period and exit of the UK from the European Union, the information relating to UK courts and EU law is subject to change.