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Give an analysis of the case law to show the grounds upon which an application for review can be made.
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Constitutional Law "There is no prescribed constitutional relationship between the courts and the executive, but the judges assert their inherent power, derived from the rule of law, to review executive actions." Madgwick and Woodhouse, "The law and politics of the Constitution," page 107. Give an analysis of the case law to show the grounds upon which an application for review can be made. In the GCHQ case1 the House of Lords took the opportunity to rationalise the grounds for judicial review and ruled that the bases for judicial review could be subsumed in three circumstances, namely, illegality, irrationality and procedural impropriety. It was accepted that further grounds for review, such as proportionality might emerge. Lord Diplock stated: "By 'illegality' as a ground for judicial review I mean that the decision maker must understand correctly the law that regulates his decision making power and must give effect to it. Whether he had or not is par...
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