Abuse of power CASES

In English law, abuse of power is a shorthand for public authorities misusing their powers, typically reviewed via judicial review (for example, improper purpose, irrelevant considerations, fettering discretion, bad faith, or irrationality). It is distinct from the tort of misfeasance in public office and from “abuse of process”.

Definition and principles

Abuse of power arises where a public body exercises a statutory (or prerogative) power unlawfully—such as for an ulterior purpose, in a way no reasonable authority would act, or in breach of legitimate expectations. The court focuses on legality and process, not the merits of the decision.

Common examples

• Using a licensing or planning power to achieve an ulterior fundraising or political aim.
• Adopting a rigid policy that fetters discretion and ignores relevant factors.
• Targeted decisions taken in bad faith or for an improper purpose.
• Breaking a clear representation that created a legitimate expectation without good reason.

Legal implications

• Remedies usually include quashing orders, prohibiting or mandatory orders, and declarations (damages are rare in judicial review).
• Time limits are tight in judicial review; promptness is required.
• Serious, targeted misconduct by public officers may instead found the tort of misfeasance in public office.

Practical importance

Pinning “abuse of power” as a tag helps readers find the core public-law grounds and remedies quickly while steering them to the correct cause of action when damages are sought.

See also: Judicial review; Improper purpose; Relevant and irrelevant considerations; Fettering discretion; Wednesbury unreasonableness; Proportionality; Legitimate expectation; Misfeasance in public office; Abuse of process.