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Words: | Submitted: Mon Dec 22 2003
... Office Secretary ordered that M be deported as arranged and was held to in contempt of court. Judicial review is a review not an appeal, it is concerned by the process a decision was reached, not the subject matter of the dispute. In the CGHQ Case Lord Diplock stated: '...one can conveniently classify under three heads of grounds on which administrative action is subject to control by judicial review. Te first ground I would call "illegality", the second "irrationality" and the third "procedural impropriety".2 Illegality (or want of jurisdiction): the body has acted ultra vires, that is, beyond its powers. Irrationality (or Wednesbury unreasonableness): in Associated Provincial Picture Houses Ltd v Wednesbury Corporation (1948) (The GCHQ case) in which employees of The Government Communication Headquarters challenged a government decision to deprive them of the right to be members of a trade union, Lord Diplock described an unreasonable decision as: "A ...
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