What are the different grounds on which the courts review administrative action? Do you think that judges have too much power in the UK constitution?Explain

Under s.4 of the fictitious Gambling Act 2025, local councils are given the power to grant licenses to "large commercial gaming casinos" and to withdraw their licenses if they break any condition of the license, and also to institute criminal proceedings against any casinos operating without a license.  

Under s.10 of the fictitious Act, all judicial review proceedings must be brought within six weeks. 

It carries out its duties in the context of statutory guidance given to it by the Department of Digital, Culture, Media and Sport (DCMS). Exercising its powers under this Act, Newtown Council has taken the following the decisions: 

(i) To begin criminal proceedings against Dave, for failing to seek and obtain a license for the game of poker he hosts in his home once a month. Dave's poker game is invitation only, usually only involves six of his closest friends, and does not generate profits or financial gain for anyone in attendance. 

• How would your answer differ if the attendees of this poker game each contributed £20 to a prize pot, and the winner each week won the prize pot of £140?

(ii) To revoke the license of "It Could Be You" (ICBY), a large, local Casino, on the basis that they failed to comply with the conditions of their gambling license, by not closing their premises, as required, before 11.00pm on Sunday nights. The owners of ICBY argue that the inspector who reprimanded them for not closing by 11.00pm actually had a faulty watch, and it was only 10.00pm when the inspector paid his fateful visit, but the Council has refused to consider this information.

(iii) Part of the guidance from DCMS states that in granting licences from commercial gaming casinos, local councils should only focus on whether the casino will provide an economic benefit to the community and should not refuse a licence just because they do not like how a casino operates. On 1^st July 2025 Newtown Council stated in the local press that they would grant a licence to Smith's Gambling, as long as Smith's Gambling created 100 jobs and sponsored the local football team. Smith's Gambling has sponsored the local football team but has not yet published the job advertisements for the new positions. The Council refused them a licence, stating that it was concerned about the casino encouraging children to gamble illegally. 

• How would this differ if Smith's Gambling had promised to create 100 jobs and to sponsor the local football team, but had not taken any further actions?