Wednesbury Unreasonableness

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  • Created by: Tiana H
  • Created on: 30-04-18 14:43
Wednesbury Case
If a decision on a competent matter is so unreasonable that no reasonable authority could every have come to it, the courts can interfere.
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ex parte Hook
outputs - where decision is extremely oppressive - excluded him from trading in market and revoke right to have a stall - was held it was a breach of natural justice
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ex parte Cheblak
light touch review - cheblack was a lebanese citizen who had been granted indefinite leave to remain in UK - sec state tried to deport him on national security grounds - they could not provide any evidence of their suspiscions but it didnt matter
3 of 5
ex parte Brind
Anxious scrutiny - perfectly entitled to start from the premise that any restriction of the right to freedom of expression requires to be justified and that nothing less than an important competing public interest will be sufficient to justify it
4 of 5
ex parte Smith
Anxious Scrutiny - When the most fundamental rights are threatened, the Court will, not, for example, be inclined to overlook some perhaps minor flaw in the decision-making process or adopt a particularly benevolent view of the Minister's evidence
5 of 5

Other cards in this set

Card 2

Front

outputs - where decision is extremely oppressive - excluded him from trading in market and revoke right to have a stall - was held it was a breach of natural justice

Back

ex parte Hook

Card 3

Front

light touch review - cheblack was a lebanese citizen who had been granted indefinite leave to remain in UK - sec state tried to deport him on national security grounds - they could not provide any evidence of their suspiscions but it didnt matter

Back

Preview of the back of card 3

Card 4

Front

Anxious scrutiny - perfectly entitled to start from the premise that any restriction of the right to freedom of expression requires to be justified and that nothing less than an important competing public interest will be sufficient to justify it

Back

Preview of the back of card 4

Card 5

Front

Anxious Scrutiny - When the most fundamental rights are threatened, the Court will, not, for example, be inclined to overlook some perhaps minor flaw in the decision-making process or adopt a particularly benevolent view of the Minister's evidence

Back

Preview of the back of card 5

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