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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.
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 ...
Lord Diplock's threefold classification of the grounds of judicial review in the GCHQ case – illegality, irrationality and procedural impropriety – was adopted by the Singapore Court of Appeal in Chng Suan Tze v. Minister for Home Affairs (1988). [10]
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.
"Irrationality" by now can stand upon its own feet as an accepted ground on which a decision may be attacked by judicial review. I have described the third head as "procedural impropriety" rather than failure to observe basic rules of natural justice or failure to act with procedural fairness towards the person who will be affected by the decision.
Illegality is one of the three broad headings of judicial review of administrative action in Singapore, the others being irrationality and procedural impropriety. To avoid acting illegally, an administrative body or public authority must correctly understand the law regulating its power to act and to make decisions, and give effect to it.
Irrationality as a ground of judicial review. The majority of the High Court, Gummow A-CJ, Kiefel, Crennan and Bell JJ, held that irrationality in the finding of ...
Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organized with respect to the principles and doctrines of legislative supremacy and the separation of powers.