The Wednesbury Principle Principles
REVISITING THE WEDNESBURY PRINCIPAL
Back in sombre days of Nov. 1947 in seminal Wednesbury case, master of the rolls Lord Greene expounded the following classic public law principle: ‘… a person entrusted with a discretion must, as to speak, direct him properly in law. When a admin body went beyond four corners of the powers given to it from the legislative in applying discretion, the courts can strike down the same. This applied widely to administrative actions based on unrelevant considerations, actions which did not take note of relevant considerations or which are plain beyond the powers of the particular body. This was the conventional procedural ground on which the judicial review of the administrative discretion operated and the Wednesbury
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The Wednesbury test was termed as retrogressive and the court urged that there were many degrees of unreasonableness the Wednesbury principle could only dealt with the more extremist of these degrees. A more wholistic test was needed and the proportionality test was reiterated again in this context. Finally in A v Secretary of State for the Home Department , the court held that in case of rights protected under the ECHR , the appropriate standard was provided by the proportionality test. It has been opined by academics that after this latest case, the amplitude of usage of the proportionality test can only …show more content…
In Ranjit Thakur v Union the Supreme Court cited Lady Diplock’s decision in the GCHQ case and expressly said no to ruling out the application of the proportionality test. The wording of the opinion in that case however was far away from the US standard of the proportionality test and in substance was closer to the Wednesbury test. The shock the conscious test clearly falls in the category of exceptional and rare cases that was envisaged by Lord Green M.R. in the Wednesbury
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340 Words | 2 PagesThis test was decided in the court case Lemon
Compare And Contrast 1989 Texas Vs Eichman
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1267 Words | 6 Pages(Yencken, D. 2008) Australia’s legal and political system meets these criteria. It is yet important to recognise that the rule of law significantly depends on legal precedent for its active upkeep. No government official may violate these limits. No ruler, minister, or political party can tell a judge how to decide a case.
The Common Law Origins Of The Infield Fly Rules By William S. Stevens
1378 Words | 6 PagesMany times there are two different ideas or rules that get compared to each other when they focus on completely different subjects. In such case, an article entitled, “The Common Law Origins of the Infield Fly Rule,” published in the Univ. of Pennsylvania Law Review, 1975. In this article, the author, William S. Stevens, drew an analogy between the development of baseball’s “infield fly rule” and the corresponding development of English common law as it applies to the regulation of human behavior. In order to understand this analogy, one must first get familiar with the concept behind the, “Infield Fly Rule” and English Common Law (Anglo-American Common Law) to see how does this analogy calmed by William S. Stevens. Understanding the idea of
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1268 Words | 6 Pages[5] Common law works in a different way, the judges rather than the Parliament make common law or ‘judge-made law’. Considering criminal and civil cases, the judges take decisions based on the stare decisis principle (Latin “to stand by things decided”, the legal principle of determining points in litigation according to precedent [4]), deliver rulings and create precedents, thus applying the law to real life situations. Therefore, the value of the precedent is very high in the English Common Law system. The strengths of common law
Essay On Monism Vs Dualism
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