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Judicial review is a part of UK constitutional law that enables people to challenge the exercise of power, usually by a public body. A person who contends that an exercise of power is unlawful may apply to the Administrative Court (a part of the King's Bench Division of the High Court) for a decision. If the court finds the decision unlawful it ...
Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. [1] ...
Lord Diplock's threefold classification of the grounds of judicial review in the GCHQ case – illegality, irrationality and procedural impropriety – was adopted by the Singapore Court of Appeal in Chng Suan Tze v. Minister for Home Affairs (1988). [10]
Associated Provincial Picture Houses Ltd. v Wednesbury Corporation [1948] 1 KB 223 [1] is an English law case that sets out the standard of unreasonableness in the decision of a public body, which would make it liable to be quashed on judicial review, known as Wednesbury unreasonableness.
In general, claims for judicial review in administrative law fall under three broad categories – illegality, irrationality and procedural impropriety. Instances of illegality fall under two main headings: whether the authority was empowered to make the decision in question, and whether it properly exercised its discretion to make that decision.
Urban Redevelopment Authority (2009), [105] the Singapore High Court adopted four conditions set out in De Smith's Judicial Review (6th ed., 2007) [106] to determine whether a legitimate expectation has been created. The public body's representation must be clear, unambiguous and devoid of any relevant qualification; induced by the conduct of ...
"Irrationality" by now can stand upon its own feet as an accepted ground on which a decision may be attacked by judicial review. I have described the third head as "procedural impropriety" rather than failure to observe basic rules of natural justice or failure to act with procedural fairness towards the person who will be affected by the decision.
The broad heading of judicial review of illegality may be divided into two sub-headings. In the first case, the High Court inquires into whether the public authority was empowered to take a particular course of action or make a decision, and, in the other, whether it exercised its discretion wrongly even though it was empowered to act.