Reasonableness

Question 1

What are the flavours of unreasonableness? (4)

Answer 1

Law and reason
Flavours of unreasonableness:
–	Irrationality
–	Unreasonableness
–	Proportionality
–	Variable intensity

Question 2

Cases for unreasonableness?

Answer 2

Rooke’s

Question 3

Cases for unreasonableness?

Answer 3

Rooke’s

Wednesbury

Question 4

Which case discusses law and reason?

Answer 4

Rookie’s

Question 5

Why do we have unreasonableness? (4)

Answer 5

– Powers granted to administrative decision-makers, not courts
– Reason is a condition of legality
– (Sufficiently) unreasonable action becomes illegal
– Courts decide on legality, and therefore reasonableness

Question 6

What case is for irrationality?

Answer 6

Wednesbury

Question 7

Cases for unreasonableness?

Answer 7

Rooke’s
Wednesbury
Woolworths

Question 8

Cases for unreasonableness?

Answer 8

Rooke’s
Wednesbury
Woolworths
Conley
Kim

Question 9

What did Wednesbury hope to consider?

Answer 9

First, we are dealing with not a judicial act, but an executive act; secondly, the conditions which, under the exercise of that executive act, may be imposed are in terms, so far as language goes, put within the discretion of the local authority without limitation. Thirdly, the statute provides no appeal from the decision of the local authority

Question 10

What is Wednesbury about?

Answer 10

Shops being outside on Sunday

Question 11

Which case applies Wednesbury?

Answer 11

Woolworths

Question 12

Which NZ case applies Wednesbury?

Answer 12

Woolworths

Question 13

What case is for proportionality?

Answer 13

Conley

Question 14

What is the three-step test for proportionality? (3)

Answer 14

• a ‘balancing test’, which requires a balancing of the ends which an official decision attempts to achieve against the means employed to achieve them;
• a ‘necessity test’, which requires that where a particular objective can be achieved by more than one of the available means, the least harmful of these means should be adopted to achieve that objective; and
• a ‘suitability test’, which requires authorities to employ means which are appropriate to the accomplishment of a given law, and which are not in themselves incapable of implementation or unlawful

Question 15

What is the case for the variable intensity?

Answer 15

Kim

Question 16

Irrationality

Answer 16

A decision may be irrationality if it is so unreasonable that no reasonable decision maker could have come to the same decision, also known as ‘wednesbury unreasonableness’ (from the case associated provincial picture house v Wednesbury Corporation [1948])

Question 17

Proportionality

Answer 17

In CCSU v Minister for the civil service [1985], Lord Diplock makes JR clear that proportionality is potentially the fourth ground to JR. The potential fourth ground states that administrative action should not go behind what is necessary for the desired result.

Question 18

Irrationality

Answer 18

A decision may be irrationality if it is so unreasonable that no reasonable decision maker could have come to the same decision, also known as ‘wednesbury unreasonableness’ (from the case associated provincial picture house v Wednesbury Corporation [1948])

Question 19

Proportionality

Answer 19

In CCSU v Minister for the civil service [1985], Lord Diplock makes JR clear that proportionality is potentially the fourth ground to JR. The potential fourth ground states that administrative action should not go behind what is necessary for the desired result.

Question 20

Why is proportionality controversial

Answer 20

However, it is controversial as it goes beyond irrationality, requiring the courts to assess the quality of a decision and determine if that decision was appropriate. This potentially breaches the separation of powers as through assessing the decision itself, and not the decision making process, judges are not upholding parliamentary sovereignty