Judicial Review III - Unreasonableness; Illegality Flashcards
(17 cards)
GCHQ
Illegality, Irrationality, Procedural Impropriety, Case by Case development (proportionality?)
Wednesbury
UNREASONABLENESS
Cinemas
‘so unreasonable that no reasonable authority could have come to it’
Daly 2001
UNREASONABLENESS
W - ‘unfortunately retrogressive decision’
Craig (Agree in Kennedy and ABCIFER)
UNREASONABLENESS
W - tautology - built in defence in scale
Ought not to have rights and other distinction - adopt proportionality?
Jowell
UNREASONABLENESS
W - no sense - defined as opposite of something
Not enough to justify JR
Liversidge v Anderson
ILLEGALITY
Treat objectively worded power as if subjective
Oladehinde 1991
ILLEGALITY
Immigration A 1971 - SoS Duties delegates - remain personally responsible
Lavender
ILLEGALITY
Deferring to minister of agriculture - NO - could not treat as bound
Venables 1998
ILLEGALITY
Cannot fetter future discretion
Invariable policy unlawful
British Oxygen 1971
ILLEGALITY
Must not refuse to listen
Padfield
ILLEGALITY
Political Milk - Irrelevant consideration and improper purpose
Need to promote objective
Domb v Hamm and F CC 2009
ILLEGALITY
Disability Discrimination Act 1995 - regard elimination of discrimination
Complied duty - due regard
Magill v Porter 2001
ILLEGALITY
No electoral advantages
General obligation - act in public interest
Daly
PROPORTIONALITY
Blanked policy - cell search - rights affected
Wednesbury v P - different results
ABCIFER 2003
PROPORTIONALITY
P should replace W -precise, sophisticated
CA = not burial rights
Kennedy 2014 UKSC
PROPORTIONALITY
Iraq charity
P available outside rights
Pham 2015 UKSC
PROPORTIONALITY
Home Sec - strip citizenship and deport - ok
OBITER - P extend to non rights - more intense because more structures
