Legality review
A constitutional review route used to test whether public power was exercised lawfully, rationally, and within legal authority.
Definition
Legality review often arises where PAJA may not apply, where the issue is broader public power, or where a decision is attacked for lack of authority, irrationality, bad faith, procedural defect, or constitutional inconsistency. The practical file should identify the power exercised, decision-maker, record, reasons, timing, internal remedies, and the remedy sought.
Key takeaways
A constitutional review route used to test whether public power was exercised lawfully, rationally, and within legal authority.
Administrative Law
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Related legal problems
This glossary provides general information only and does not constitute legal advice.
Common situations
Public power challenge
Government decision review
Ultra vires decision
Related resources
Resources and guides
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Legality review FAQs
What does Legality review mean?
A constitutional review route used to test whether public power was exercised lawfully, rationally, and within legal authority.
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