SCOTUS~"So outrageous in its defiance of logic or accepted moral standards that no sensible person who had applied his mind to the question to be d...

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Judicial review is the power of a court to review the actions of public sector bodies in terms of their constitutionality. In some jurisdictions it is also possible to review the constitutionality of the law itself.


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Wednesbury unreasonableness

In English law, Wednesbury unreasonableness is unreasonableness of an administrative decision that is so extreme that courts may intervene to correct it. The term derives from Associated Provincial Picture Houses v. Wednesbury Corporation [1948] 1 KB 223, where the court stated that it would only intervene to correct a bad administrative decision on grounds of its unreasonableness if the decision was, as articulated in Council of Civil Service Unions v. Minister for the Civil Service (the GCHQ case) [1985] AC 374, 410 per Lord Diplock, "So outrageous in its defiance of logic or accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at it."
Contents
[hide]

* 1 Facts of the case
* 2 Use of this case
* 3 See also
* 4 External links

[edit] Facts of the case

"Associated Provincial Picture Houses" were granted a licence by the defendant local authority to operate a cinema on condition that no children under 15 were admitted to the cinema on Sundays. The claimants sought a declaration that such a condition was unacceptable, and outside the power of the Wednesbury Corporation to impose.

The court held that it could not intervene to overturn the decision of the defendant corporation simply because the court disagreed with it. To have the right to intervene, the court would have to form the conclusion that:

* the corporation, in making that decision, took into account factors that ought not to have been taken into account, or
* the corporation failed to take account factors that ought to have been taken into account, or
* the decision was so unreasonable that no reasonable authority would ever consider imposing it.

The court held that the condition did not fall into any of these categories. Therefore, the claim failed and the decision of the Wednesbury Corporation was upheld.

[edit] Use of this case

The test laid down in this case, in all three limbs, is known as "the Wednesbury test". The term "Wednesbury unreasonableness" is used to describe the third limb, of being so unreasonable that no reasonable authority could have decided that way. This case or the principle laid down is cited in United Kingdom courts as a reason for courts to be hesitant to interfere into the decisions of administrative law bodies.

In recent times, particularly as a result of the enactment of the Human Rights Act 1998, the judiciary have resiled from this strict abstentionist approach, recognising that in certain circumstances it is necessary for them to undertake a more searching review of administrative decisions. Indeed, the European Court of Human Rights now require the reviewing court to subject the original decision to "anxious scrutiny" when an administrative measure infinges a Convention right. In order to justify such an intrusion, the Respondents will have to show that it pursued a "pressing social need" and that the means employed to achieve this were proportionate to the limitation of the right.

[edit] See also

* Compare: patently unreasonable, fairness, fundamental justice and due process.
* In the United States, a similarly dominant case is Chevron U.S.A. v. Natural Resources Defense Council, 467 U.S. 837 (1984).

[edit] External links

* Associated Provincial Picture Houses Ltd v. Wednesbury Corporation

Retrieved from "http://en.wikipedia.org/wiki/Wednesbury_unreasonableness"

Categories: 1948 in law | 1948 in England | English law | United Kingdom administrative law | Common law rules




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