Judicial Review III - Unreasonableness; Illegality Flashcards
GCHQ
Illegality, Irrationality, Procedural Impropriety, Case by Case development (proportionality?)
Wednesbury
UNREASONABLENESS
Cinemas
‘so unreasonable that no reasonable authority could have come to it’
Daly 2001
UNREASONABLENESS
W - ‘unfortunately retrogressive decision’
Craig (Agree in Kennedy and ABCIFER)
UNREASONABLENESS
W - tautology - built in defence in scale
Ought not to have rights and other distinction - adopt proportionality?
Jowell
UNREASONABLENESS
W - no sense - defined as opposite of something
Not enough to justify JR
Liversidge v Anderson
ILLEGALITY
Treat objectively worded power as if subjective
Oladehinde 1991
ILLEGALITY
Immigration A 1971 - SoS Duties delegates - remain personally responsible
Lavender
ILLEGALITY
Deferring to minister of agriculture - NO - could not treat as bound
Venables 1998
ILLEGALITY
Cannot fetter future discretion
Invariable policy unlawful
British Oxygen 1971
ILLEGALITY
Must not refuse to listen
Padfield
ILLEGALITY
Political Milk - Irrelevant consideration and improper purpose
Need to promote objective
Domb v Hamm and F CC 2009
ILLEGALITY
Disability Discrimination Act 1995 - regard elimination of discrimination
Complied duty - due regard
Magill v Porter 2001
ILLEGALITY
No electoral advantages
General obligation - act in public interest
Daly
PROPORTIONALITY
Blanked policy - cell search - rights affected
Wednesbury v P - different results
ABCIFER 2003
PROPORTIONALITY
P should replace W -precise, sophisticated
CA = not burial rights
