Judicial Review - Irrationality

Question 1

Irrationality

Answer 1

Lord Greene - A decision is irrational where it is “so unreasonable that no reasonable authority could ever have come to it”

Question 2

Judicial Intervention Cases

Answer 2

Lord Greene in Wednesbury - Something overwhelming would be required to have a decision be subject to judicial intervention

Elliot and Wilberg - Judicial intervention should be extremely limited, its inclusion only being severely circumstantial

Jowell and Lester - For judicial intervention to take place, the official must have behaved absurdly

Question 3

Political Interest

Answer 3

Where a decision is of high political interest, a new test (Super Wednesbury) is instantiated. An example being a decision where an applicant’s life is at risk (Lord Bridge in Bugdaycay)