Grounds of judicial review of administrative action

The following is adapted from Lord Diplock’s classification in Council of Civil Service Unions v Minister for the Civil Service (1985).

1 Unfairness

• No hearing • Bias • No evidence • No reasons/inquiries

2 Illegality

• Ultra vires

❍ Failure to exercise power • Jurisdictional error

3 Irrationality

• Manifest unreasonableness (cf abuse of power)

• No rational basis for decision (cf no evidence)

• Arbitrary conduct, perversity

4 Lack of proportionality

• cf irrationality (in particular, manifest unreasonableness)