ABSTRACT
This chapter discusses the technical grounds on which decisions can be challenged. The role of the courts in JR has been seen as crucial, by enforcing the 'will of Parliament' in accordance with the doctrine of Parliamentary Sovereignty. The Court of Appeal allowed an appeal by the minister and the trade union appealed to the House of Lords, who dismissed the applicants appeal. Lord Diplock classified the grounds for JR as: illegality, irrationality and procedural impropriety. A decision or action may be unlawful if the process followed was unfair when judged against the public law standards of procedural fairness. The Rules of Natural Justice include the rule against bias and the right to a fair hearing. A legitimate expectation only arises in exceptional cases in Judicial Review-though it is fair to say that there is a general expectation that a public body will act fairly. The Human Rights Act 1998 has impacted substantially on British legislation and administrative legal procedure.
