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Under review

25 February 2016
Issue: 7688 / Categories: Features , Procedure & practice
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Is the Wednesbury principle consigned to history? Alec Samuels reports

Is the Wednesbury principle, Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223, [1947] 2 All ER, CA, consigned to the dustbin of history? If not, what exactly does it mean today? Is the European principle of proportionality, derived from the European Court of Justice (ECJ) and the European Court of Human Rights (ECtHR), part of English law, and, if so, what exactly does it mean? The contemporary answers are to be found in R (Keyu) v Secretary of State for Foreign and Commonwealth Affairs [2015] UKSC 69, [2015] 3 WLR 1665.

The short answer is that the action or decision of a public body may still be challenged by way of judicial review on the basis of common law irrationality and on the basis of the European principle of lack of proportionality.

The latest authoritative re-statement of the irrationality rule is to be found in the judgment of Lord Neuberger para 127, Lord Hughes and Lord Mance agreeing: “An executive decision can

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MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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