irrationality Flashcards
Associated Provincial Picturehouses v Wednesbury Corporation [1948]
if a decision on a competent matter is so unreasonable that no reasonable authority could have come to it, then the court can interfere.
R v Ministry of Defence ex parte Smith [1996]
outside the range of reasonable responses
Lord Mance in Kennedy v Charity Commissioner [2014] UKSC 20.
‘It is inappropriate to treat all cases of judicial review together under a general but vague principle of reasonableness, and preferable to look for the underlying tenet or principle which indicates the basis on which the court should approach any administrative law challenge in a particular situation’
R (Rogers) v Swindon Primary Care NHS Trust [2006]
irrational not to define the ‘exceptional’ circumstances which distinguish between patients with the same disease who have the same medical needs, where cost is not an issue.
R (Javed) v SSHD [2001]
irrational to list Pakistan as ’safe’ for the appellant, in light of the evidence available to the SSHD
R v Barnsley Metropolitan Borough Council, ex parte Hook [1976]
denying a trader his trading licence because he urinated in public was so unfair as to be irrational.
super wednesbury
More evidence is needed to justify executive conduct – because the decision is sensitive or involves public resources: e.g. Nottinghamshire County Council v Secretary of State for the Environment [1986]
sub wednesbury/anxious scrutiny
Less evidence needed to justify executive action – because e.g. fundamental rights are at stake, e.g. Bugdaycay v Secretary of State for the Home Department [1987] AC 514 (deportation); R v Ministry of Defence, ex parte Smith
substantive judicial review
the court is looking at the decision itself not the decision-making process
short v poole
red haired teacher rule is unreasonable.
