Logged out
Access All our Essays in an Instant
Swap your work for FREE access, or pay £4.99 for instant access
The Wednesbury test, for all its defects, had the advantage of simplicity, and it might be thought unsatisfactory that it must now be replaced (when human rights are in play) by a much more complex and contextually sensitive approach.
Member rating: No Rating | Words: | Submitted: Fri Jan 28 2005
Page Preview
On the left is an image preview of every page of this document, and below are the first 150 words with formatting removed:
The Wednesbury test, for all its defects, had the advantage of simplicity, and it might be thought unsatisfactory that it must now be replaced (when human rights are in play) by a much more complex and contextually sensitive approach. In November 1947, a decision was delivered in the case of Associated Provincial Picture Houses v Wednesbury Corporation1. The judgment in this case was to have a significant impact on the way in which judicial review cases were decided. The principles derived from the judgment of Lord Greene, the Master of the Rolls, were to become a benchmark of the English legal system and from then on known as the "Wednesbury Principles". Lord Greene ruled that when a certain body, such as a local authority, had been granted discretionary powers the courts could then declare that some decisions or actions of these bodies were ultra vires. This could happen if the courts...
Get instant access
- Instant, unlimited access to our documents in full
- Swap your work for free access, or pay £4.99
- To see the full version of this document and 150,159 others
