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Grounds for judicial review

Traditionally, the courts have refused to resolve factual disputes or enter into the substantive merits of the decisions of public bodies. Rather, its traditional function is to ensure only that those decisions were lawful, procedurally fair and rational, (see Council for Civil Service Unions v Minister for the Civil Service).

The classic grounds for judicial review are illegality, irrationality and procedural unfairness. However, it has been said that the key purpose of judicial review is to prevent the abuse or misuse of public power (see R v North and East Devon Health Authority, ex parte Coughlan, paras 69 and 81), and as such the grounds upon which a claim may be brought continue to evolve.

The main grounds for judicial review are:

1. •

   illegality—this means simply that the public