Filter Mechanisms Of Procedural Restrictions
Besides ‘filter mechanisms’, there are procedural restrictions that consist of three heads of grounds including illegality, procedural impropriety and irrationality. It protects individuals by providing grounds allowing them to seek judicial review and protects the public bodies from interference with their work because individuals must obtain one of the grounds before seeking judicial review.
According to Lord Diplock, ‘the decision-maker must understand correctly the law that regulates his decision-making power and must give effect to it.’ Illegality takes place if the public body fails to follow the public law principles including simple ultra vires, failing to exercise or abuse of discretion and infringement of convention rights when
According to Lord Diplock, ‘the decision-maker must understand correctly the law that regulates his decision-making power and must give effect to it.’ Illegality takes place if the public body fails to follow the public law principles including simple ultra vires, failing to exercise or abuse of discretion and infringement of convention rights when