Search results
Results From The WOW.Com Content Network
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 ...
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 ...
"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.
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.
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.
A central difference between judicial review based on human rights, and judicial review based on common law ground that a decision is "Wednesbury unreasonable" and ultra vires, is that infringements of rights can only be defended if the infringement is 'proportionate'. If the infringement is disproportionate, the right is violated.
Minister for Home Affairs (1988), [34] the High Court in Chan Hiang Leng Colin affirmed that disproportionality was not an independent ground of judicial review, and any issue of proportionality was subsumed under the ground of irrationality. Therefore, the Court gave no consideration to whether the publication ban was unreasonable or over ...
Proportionality is a general principle in law which covers several separate (although related) concepts: . The concept of proportionality is used as a criterion of fairness and justice in statutory interpretation processes, especially in constitutional law, as a logical method intended to assist in discerning the correct balance between the restriction imposed by a corrective measure and the ...