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UK · Year 1 · Public Law

Judicial Review & Human Rights

Grounds of review and the HRA.

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  1. 1.CCSU v Minister for the Civil Service (GCHQ) [1985] — grounds of review?

    Illegality, irrationality and procedural impropriety (Lord Diplock); prerogative powers can be judicially reviewed depending on subject matter.

    [1985] AC 374 (HL)

  2. 2.Wednesbury unreasonableness?

    A decision so unreasonable that no reasonable authority could ever have come to it.

    Associated Provincial Picture Houses v Wednesbury Corp [1948] 1 KB 223

  3. 3.Human Rights Act 1998, s 3?

    So far as possible, legislation must be read and given effect in a way compatible with Convention rights.

    HRA 1998, s 3

  4. 4.Human Rights Act 1998, s 4?

    Higher courts may make a declaration of incompatibility; it does not affect the validity or continuing operation of the legislation.

    HRA 1998, s 4

  5. 5.Ghaidan v Godin-Mendoza [2004] — significance?

    Section 3 HRA is a strong interpretive obligation and may require reading words into legislation, provided this goes with the grain of the legislation.

    [2004] UKHL 30