ABSTRACT

Introduction Having considered the substantive grounds for judicial review we now consider those grounds which are largely brought under the umbrella term of procedural impropriety. It is important to note that although this is labelled as ‘procedural’ there are some aspects of natural justice which are deep rooted in the common law tradition and have signifi cant theoretical importance within administrative law. 1 At the present time procedural impropriety could be said to cover the following aspects of judicial review:

● failing to comply with mandatory procedures; ● breach of natural justice;

● Article 6 of the European Convention on Human Rights; ● the right to a fair hearing: audi alteram partem ; ● the rule against bias: nemo iudex in causa sua ; ● the duty to act fairly; ● legitimate expectations; and ● the failure to give reasons.