Irrationality

Question 1

What is irrationality

Answer 1

Irrationality is when a public body makes a decision so unreasonable that no reasonable authority could have made it

This comes from Associated Provincial Picture Houses v Wednesbury Corporation (1948) — known as the Wednesbury test.

Question 2

When can a court interfere with a public authority’s discretion?

Answer 2

Only if the decision is irrational, i.e. unlawful in how it was made — not just unfair or unwise.

Question 3

What counts as irrational behaviour by a public authority?

Answer 3

Ignoring key facts

Considering irrelevant ones

Making a wildly disproportionate decision

Acting with bias, bad faith, or an improper motive
📚 Padfield v Minister of Agriculture, Wheeler v Leicester City Council

Question 4

How does irrationality relate to proportionality?

Answer 4

Proportionality is stricter. Courts use it instead of Wednesbury when human rights are involved (under the HRA 1998).

📚 Bank Mellat, R (Daly) v SoS for Home Dept

Question 5

What is “anxious scrutiny”?

Answer 5

A more careful review applied when decisions affect fundamental rights — even before proportionality was fully developed.

📚 ex parte Smith (1996)

Question 6

Why was the decision in ex parte Smith not quashed, even with anxious scrutiny?

Answer 6

The court said the military ban on gay people wasn’t Wednesbury unreasonable — showing how hard it is to meet the test.

Question 7

What did Lord Cooke say about Wednesbury?

Answer 7

It’s too strict — almost no decision ever fails it. He suggested some form of less extreme review should replace it.
📚 ex parte Smith

Question 9

Which case shows refusal to act for an improper motive = irrational?

Answer 9

Padfield v Minister of Agriculture – Minister refused to investigate to avoid political embarrassment. Held unlawful.

Question 10

Which case shows irrationality due to politically motivated punishment?

Answer 10

Wheeler v Leicester City Council – Club banned from using pitch due to South Africa tour. Seen as punishment for political reasons.

Question 11

What case shows inconsistent treatment can be irrational?

Answer 11

R (Rogers) v Swindon NHS PCT – Funding for cancer drug was denied, even though others got it = arbitrary = irrational.