The GCHQ Case and Judicial Reviews

Paper Summary:

This paper questions whether the "Council of Civil Service Unions v Minister for Civil Service" (or GCHQ) case still has a great deal to teach us about judicial review. It examines the existing grounds of judicial review with respect to the GCHQ case, namely, illegality, irrationality and procedural impropriety. The paper shows that they are extremely developed and that they contribute to making the process of judicial review more accessible.

From the Paper:

"By illegality, he meant that 'the decision-maker must understand correctly the law that regulates his decision-making power and must give effect to it.' The courts may intervene and rule an action or a decision illegal if it is "ultra vires" i.e. the public body or officer performing it had no power to take such action or they exceeded their power. Moreover, an exercise of power which runs counter to the policy and objectives of the empowering Act or defeats the purpose for which power was given is also deemed to be illegal. There are various principles which fall under this head: (a) Relevant/Irrelevant Considerations, (b) Fiduciary Duty, (c) Fettering of Discretion, (d) Improper Purpose, and (e) Bad Faith. In reality, this definition sheds little light on these principles under its head. We will briefly cover these principles below."

Sample of Sources Used:

• A W Bradley and K D Ewing, Constitutional and Administrative Law, 13th Ed. 2003, Pearson Education Limited
• Leyland, P. and Woods, T. Textbook on Administrative Law, 4th Ed. 2002, Oxford: OUP
• Walker, P 'What's Wrong with Irrationality?' [1995] Public Law 556
• Craig, P. P. Administrative Law, 5th Ed. 2003, Sweet and Maxwell
• Craig, P. P. 'Legitimate Expectations: A Conceptual Analysis' [1992] 107 Law Quarterly Review 79

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