Journal article
Wednesbury unreasonablenes
- Abstract:
- Administrative decisions are unlawful if they are unreasonable, in the sense that Associated Provincial Picture Houses Ltd. v Wednesbury Corporation made famous. What is Wednesbury unreasonableness, precisely? Courts have not clearly said, and existing academic answers are flawed. Here I propose a new answer. My claim, roughly, is that a Wednesbury unreasonable decision is one that a court is entitled, given the evidence before it, to conclude was wrong, given the evidence before the authority when it made the decision. In a slogan: Wednesbury unreasonableness is demonstrable wrongness.
- Publication status:
- Published
- Peer review status:
- Peer reviewed
Actions
Access Document
- Files:
-
-
(Preview, Accepted manuscript, pdf, 532.1KB, Terms of use)
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- Publisher copy:
- 10.1017/S0008197323000223
Authors
- Publisher:
- Cambridge University Press
- Journal:
- Cambridge Law Journal More from this journal
- Volume:
- 82
- Issue:
- 3
- Pages:
- 483 - 508
- Publication date:
- 2023-08-03
- Acceptance date:
- 2023-06-06
- DOI:
- EISSN:
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1469-2139
- ISSN:
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0008-1973
- Language:
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English
- Keywords:
- Pubs id:
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1360358
- Local pid:
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pubs:1360358
- Deposit date:
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2023-06-08
- ARK identifier:
Terms of use
- Copyright holder:
- Adam Perry
- Copyright date:
- 2023
- Rights statement:
- © The Author(s), 2023. Published by Cambridge University Press on behalf of The Faculty of Law, University of Cambridge
- Notes:
- This is the accepted manuscript version of the article. The final version is available online from Cambridge University Press at https://dx.doi.org/10.1017/S0008197323000223
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