Irrationality Flashcards
Background of Irrationality..
There were different variations of Wednesbury (unreasonableness) which means it could be defined in different ways, it had a very broad definition meaning everyone would have their own definition and interrupt differently and this is problematic for the Rule of Law as it is not fair as it could have been understood differently.
Define Irrationality ..
Despite Judicial Review still being supervisory jurisdiction in irrationality, it is a substantive judicial review meaning the decision itself was flawed and not the decision-making process.
Roberts v Hopwood shows ‘discretion must be exercised reasonably’ and backs up the definition and the purpose of irrationality
How is irrationality in Wednesbury Corp 1948 defined?
Lord Greene stated ‘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’
Lord Greene gave an example of what would be considered unreasonable from the cases of SHORT V POOLE that it is unreasonable to dismiss a red-headed teacher
