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While the terms ‘unreasonableness’ and ‘illegality’ are frequently and confusingly used interchangeably, illegality most accurately expresses the purpose of judicial review: to ensure that decision makers act according to the law. In the following section, illegality is examined under the following headings:

The problem concerning the role of the courts and the extent to which it is appropriate for there to be judicial intervention in administration, discussed in Chapter 25, is clearly illustrated in relation to errors of law and errors of fact. The question for determination is

making, which empowers them to make determinations of fact which are immune from judicial review. Before considering the courts approach, it is necessary to define the terms error of law and error of fact.