irrationality and proportionality

Question 1

what is irrationality by LD, GCHQ

Answer 1

Wednesbury unreasonableness: a decision that is so outrageous in its logical and moral standards that a sensible person wouldn’t have come to the same conclusion

Question 2

what did Lord Greene say

Answer 2

even if a decision isnt ‘illeaglity’ if they are so ‘unreasonable that no PA’ could have made it, it is unlawful

Question 3

why is the threshold so high? and cases

Answer 3

often fail due to courts not looking at the merits but more illeagility, if a case so exceptional circumstance, they will find it unlawful

• Devon County Council v George

Question 4

what is proportionality

Answer 4

Public authorities can only lawfully infringe upon some fundamental rights of individuals, if they do so proportionately.

Question 5

what are many rights set out in the ECHR

Answer 5

absolute, qualified

Question 6

whats the test for proportionality and case

Answer 6

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DALY