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In the High Court case of Chee Siok Chin, Justice V.K. Rajah, though speaking in the context of freedom of speech and freedom of assembly, noted that proportionality is a European jurisprudential concept imported into English law due to UK's treaty obligations, and it has "never been part of the common law in relation to the judicial review of ...
The case concerned whether cell searches contravened a prisoner's right to private correspondence with his solicitor. The case is of importance for its use of a proportionality test in a judicial review case, a method copied from the jurisprudence of the European Convention on Human Rights.
Associated Provincial Picture Houses Ltd. v Wednesbury Corporation [1948] 1 KB 223 [1] is an English law case that sets out the standard of unreasonableness in the decision of a public body, which would make it liable to be quashed on judicial review, known as Wednesbury unreasonableness.
An example is a civil court trying a criminal charge. Mistakes as to the existence of a jurisdictional fact or other requirement when the relevant act treats that fact or requirement as something which must exist objectively as a condition precedent to the validity of the challenged decision.
Wonford Road in Exeter, UK.Near this place along the same road is the Royal Devon and Exeter NHS Foundation Trust's Mardon Neuro-Rehabilitation Centre. When it was known as Mardon House, its threatened closure led to a 1999 judgment, ex parte Coughlan, in which the Court of Appeal of England and Wales said a disabled resident's legitimate expectation that she would have a "home for life" there ...
Judicial review is a part of UK constitutional law that enables people to challenge the exercise of power, usually by a public body. A person who contends that an exercise of power is unlawful may apply to the Administrative Court (a part of the King's Bench Division of the High Court) for a decision. If the court finds the decision unlawful it ...
In general, claims for judicial review in administrative law fall under three broad categories – illegality, irrationality and procedural impropriety. Instances of illegality fall under two main headings: whether the authority was empowered to make the decision in question, and whether it properly exercised its discretion to make that decision.
The House of Lords held Huang and Kashmiri’s cases succeeded. The claimants’ rights needed to be read purposively and in context. An appellate authority, faced with questions under ECHR art 8, had to decide itself whether refusal was lawful, and was not a secondary reviewing body exercising deference where irrationality or something else had to be established.