What is Wednesbury principle of reasonableness?

A reasoning or decision is Wednesbury unreasonable (or irrational) if it is so unreasonable that no reasonable person acting reasonably could have made it (Associated Provincial Picture Houses Ltd v Wednesbury Corporation (1948) 1 KB 223).

What is the difference between Wednesbury unreasonableness and proportionality?

Notwithstanding, Wednesbury review is concerned with the process of reasoning employed in adopting the particular decision in that the focal points are the reasons advanced for a decision. By contrast, proportionality, in the context of rights, is concerned with the outcome of a decision.

What happened in the Wednesbury case?

It was in Wednesbury Corporation case that the Court of Appeal in England ruled that the courts could only interfere in an act of executive authority if it be shown that the authority had contravened the law and that the power of the courts to interfere in such matters is limited, except where the discretion has not …

Is so unreasonable that no reasonable authority could ever have come to it?

Lest we forget what was actually said in 1948, Lord Greene stated: It is true to say that, if a decision on a competent matter is so unreasonable that no reasonable authority could ever have come to it, then the courts can interfere. It is not what the court considers unreasonable, a different thing altogether.

What is the principle of reasonableness?

The principle requires that any restriction of individual freedom must be appropriate to the attainment of the objectives to be achieved. reasonableness. Following this principle every legislative and administrative act is subject to the control of the Constitutional Court.

What do you mean by administrative discretion?

Definition. Phillip Cooper defines administrative discretion as the “power of an administrator to make signif- icant decisions that have the force of law, directly or indirectly, and that are not specifically man- dated by the Constitution, statutes, or other sources of black letter law” (Cooper 2000, p. 300).

Is Wednesbury unreasonableness outdated?

Wednesbury unreasonableness may not yet be dead, but its continuing existence in its current incarnation, at odds with proportionality, brings very little at all to judicial review.

Is proportionality the same as reasonableness?

Reasonableness covers a wider field than proportionality. A measure might be proportionate, but its adoption unreasonable, because, for example, of a lack of consultation. (49) Proportionality requires a judgment of the relationship between an end, amounting to a need, and a means to satisfy the end.

What is unreasonable ultra vires?

Substantive ultra vires means that the rule making authority has no substantive power under the empowering act to make rules in question. It refers to the scope, extent and range of power conferred by the parent statute to make delegated legislation.

What is super Wednesbury test?

So-called “super-Wednesbury” cases, where the standard of review is dialled down, such that judicial review is less exacting, have tended to involve democratically legitimate decision-makers and/or complex areas of regulation. Wednesbury thus varies in intensity.

Is unreasonableness a word?

The absence of reason: illogicality, illogicalness, irrationality, unreason.

What is the test of reasonableness?

The reasonableness standard is a test that asks whether the decisions made were legitimate and designed to remedy a certain issue under the circumstances at the time. Courts using this standard look at both the ultimate decision, and the process by which a party went about making that decision.