irrationality

  • Created by: jesskeayy
  • Created on: 05-05-19 20:51
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  • Irrationality & Proportionality
    • Irrationality- Wednesbury unreasonableness
      • Wednesday bury distinguishes between two senses of unreasonablness
      • Lord Diplock in GCHQ Test- irrationality applies  to 'a decision which is so outrageous in its defiance of logic/ accepted moral standards that no person who had applied the question would have arrived at the same decision
      • Associated Provincial Picture Houses v Wednesbury Corp [1948]
        • Wednesbury principles: 1. proper direction in law. 2. take relevant factors into account. 3. exclude relevant factors. 4. it's a decision no sensible person would've arrived at
      • R(Daly) v Sec State [2001]- random searches of prisoners cells done. Argued it breached Art.8- legally privileged material shouldn't be included in search
        • Searching of legal items disproportional, as it is in line with the Human Rights Act. Searching was unnecessary
      • Wheeler v Leicester City Council (1985)- Council withdrew club's use of grounds, after they warned them not to go on tour
        • This was due to political views. HOL allowed appeal, as council were acting unfairly when banning. This was procedural impropriety and misuse of power
    • Proportionality
      • R v Oakes [1986]- 3 parts: 1. measure carefully designed to achieve objective. 2. measure must impair little impact on right to freedom. 3. proportionate link between effects of measures limiting freedom and the objective
      • Applies in Eu and HR law.
        • EU: 1. in context of rights granted by EU communities treaties. 2. penalty is disproportionate. 3. policy could be achieved in a less onerous way
      • R v MOD ex parte Smith [1996]- policy to dismiss homosexual servicemen. Policy not irrational due to HRA not being there at the time

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