Unreasonableness

Question 1

What is the standard test for unreasonableness?

Answer 1

Wednesbury unreasonableness – so unreasonable that no reasonable authority could ever have come to it

Question 2

What are the classes of unreasonableness?

Answer 2

Material defects in decision making
Oppressive decisions
Decision violates constitutional principles

Question 3

What are the ways in which there may be a material defect in decision making?

Answer 3

• Wrongly weighed up relevant factors
• Failure to provide comprehensive chain of reasoning (irrationality)

Question 4

What are oppressive decisions?

Answer 4

Decision imposes excessive hardship or represents infringement of rights which is deemed unnecessary

Question 5

What is an example of an oppressive decision?

Answer 5

imposition of a penalty for legal behaviour

Question 6

What are the constitutional principles of decisions?

Answer 6

• consistent
• sufficiently certain

Question 7

What level of intensity of review will the courts adopt in which circumstances?

Answer 7

1. Decisions affecting fundamental/human rights = higher intensity
2. Decisions concerning broader policy questions = lower intensity

Question 8

What does super-wednesbury mean?

Answer 8

areas of policy which are political and not within ambit of judicial review

Question 9

What is the relevant test where human rights protected by the ECHR are engaged?

Answer 9

Proportionality (no more than necessary to achieve aim)