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Wednesbury unreasonablenes
Published 2023“…Administrative decisions are unlawful if they are unreasonable, in the sense that Associated Provincial Picture Houses Ltd. v Wednesbury Corporation made famous. What is Wednesbury unreasonableness, precisely? …”
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Structuring substantive review
Published 2017“…Wednesbury and its apparent alternative, proportionality, are thus presented as mutually exclusive alternatives, “bluntly opposed to each other” such that we have to choose between “bifurcation” or the replacement of Wednesbury with proportionality. …”
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Braganza: a failed domestic transplant?
Published 2022“…<p>In <i>Braganza v BP Shipping</i>, the Supreme Court confirmed that some powers under a contract were subject to an implied term which required them to be exercised in a manner compliant with the <i>Wednesbury</i> test familiar to all public lawyers. …”
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Why proportionality is not a general ground of judicial review
Published 2020“…In fact, there is no general common law ground of judicial review of the substance of administrative decisions. Not even Wednesbury unreasonableness. I will explain this view by pointing out the good sense in the famous, albeit flawed, 1948 decision of the Court of Appeal in Associated Provincial Picture Houses Ltd v Wednesbury Corporation.…”
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Right to privacy in India: existence, scope & challenges
Published 2022“…</p> <p>Fifth, in general, the Supreme Court of India has employed four different standards of review in its rights adjudication: (i) reasonableness; (ii) Wednesbury unreasonableness; (iii) strict scrutiny; and (iv) proportionality. …”
Thesis