Irrationality Flashcards
Wednesbury unreasonableness, if a reasonable authority could have come to this decision, then it is, by definition, ‘reasonable’. Case:
Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948]
Facts: the local authority had the power to license cinemas to open on Sunday, subject to whatever conditions it thought fit to impose. In considering this, the authority decided that no person under 15 should be admitted on a Sunday. The company challenged this decision as unreasonable.
Held: Lord Greene MR: ‘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.’
R v Secretary of State for the Home Department, ex parte Brind [1991]
Facts: the Government introduced a ban on TV transmission of any speech by the IRA or Sinn Fein.
Held: it was held that this was not so unreasonable that no reasonable Home Secretary could ever have reached the decision. Lord Donaldson: ‘I am quite unable to hold that the SoS’s decision was one which was not fully open to him in the exercise of his judgment.’
Hall and Co Ltd v Shoreham-by-Sea Urban Development Corporation [1964]
Facts: Hall & Co were granted planning permission to develop their land, but subject to a condition that they construct, at their own expense, a road to be used by the owners of the neighbouring land and the general public.
Held: it was held that this was an unreasonable condition, as it passed the public burden of constructing roads to the individual. Wilmer LJ: ‘the result would be utterly unreasonable and such as Parliament cannot possibly have intended.’
