Wednesbury rule ..?
prashant1314
(Querist) 23 September 2011
This query is : Resolved
Dear Experts,
Can you please confirm what is mean by " wednesbury rule ?"
Thanks in advance.
R.Ramachandran
(Expert) 23 September 2011
Dear Mr. Prashant,
In 1947, Associated Provincial Picture Houses (a cinema company) was granted a licence to operate a cinema, by the Wednesbury Corporation, the local authority of the market town of Wednesbury in Staffordshire, on condition that no children under the age of 15 were admitted to the cinema on Sundays.
Associated Provincial Picture Houses felt that the condition imposed by the Wednesbury Corporation was unreasonable and therefore sought a declaration that such a condition was unacceptable, and outside the power of the Corporation to impose.
However, the court held that it could not intervene to overturn the decision of the Wednesbury Corporation merely because the court disagreed with it.
The Court also held that before the Court could have the right to intervene, the court would have to form the conclusion that:
(i) the Wednesbury Corporation, in making that decision, took into account factors that ought not to have been taken into account, or
(ii) the Corporation failed to take into account factors that ought to have been taken into account, or
(iii) the decision was so unreasonable that no reasonable authority would ever consider imposing it.
The test laid down in this case, in all three limbs, is known as "the Wednesbury test".
The term "Wednesbury unreasonableness" is used to describe the third limb, of being so unreasonable that no reasonable authority could have decided that way.
According to the court it would only intervene to correct a bad administrative decision on grounds of its unreasonableness if the decision was, "So outrageous in its defiance of logic or accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at it."
prashant1314
(Querist) 23 September 2011
Thanks a lot Sir!!!
ESTHERPRIYA
(Expert) 23 September 2011
Nice explanation Mr.R.Ramachandran. It is rule of UnReasonableness in Administrative Law Jurisprudence.
Guest
(Expert) 23 September 2011
Thanks to Shri Ramachandran, enablingling me enhance my knowledge with this rule.
