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Does anyone know where I can find Lord Diplock's definition of "unreasonableness"?

5 replies

winestein · 02/04/2009 18:56

I can find individual quotes through Google, but I can't find anything in context.

It might be just that I am not very good at Googling, but I am usually ok, so am lost.

Can anyone help please?

OP posts:
DeborahBorr · 03/04/2009 00:08

here?

WetAugust · 03/04/2009 01:05

from 'English Administrative Law'

the key concept for the control of the exercise of public powers in English administrative law is that of unreasonableness or irrationality. the orthodox doctrine is that an unreasonable or irrational exercise of power is ultra vires because Parliament could not have intended the power to be exercised in an irrational manner.

There is an infinite variety of forms of irrationality but one of them must be lack of porportionality.

Lord Diplock said the notion of proportionality means that you must not use a steam hammer to crack a nut (R v Golstein 1983).

Niecie · 03/04/2009 01:14

How about here with a nice quote in line 4!

PortAndLemon · 03/04/2009 07:14

Here is a casebook entry for Council of Civil Service Unions v. Minister for the Civil Service (the case where Lord Diplock said "By irrationality, I mean what can now be succinctly referred to as Wednesbury unreasonableness. 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.")

winestein · 03/04/2009 08:44

Thank you ladies! This is very much appreciated.

I haven't had chance to look through the links yet and won't til later tonight unfortunately... please come back - I may have questions for you all!

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