Reconceptualising Error of Law

September 9th 2015

Error of law is a ground for judicial review and a common ground for a statutory appeal. It has haunted lawyers for some time by appearing to provide an insoluble problem. To outward appearances, it has defied analysis and explanation. So far no one has been able to say exactly what an error of law means with any degree of certainty.

This paper seeks to solve the problem, but by a novel means. First, it explains why the problem exists. Essentially common law labelled the ground but did not explain its contents. It is all label and no substance. Given this, it is futile to hunt for some authentic substance because there never was any. So instead of searching for an authentic meaning, four solutions are considered that do not involve seeking an authentic meaning but a workable meaning.