Irrationality Flashcards
(5 cards)
1
Q
Irrationality
A
2
Q
Wednesbury Unreasonableness
A
3
Q
Wednesbury vs Lord Diplock
A
4
Q
Anxious Scrutiny
A
Ex parte Bugdaycay [1987]
- shifted the burden of
Ex parte Smith [1996]
- said the more substantial the infringement on fundamental right is, the more need for compelling justification from the public authority.
- still held reasonable in domestic law.
R (Daly) v Secretary of State for the Home Department [2001]
PROPORTIONALITY TEST:
1) legislative objective sufficiently important to justify limiting the right?
2) if so, is the measure actually connected with that objective.
3) no more than necessary
4) balancing of interest (individual and public)
5
Q
A
