Judicial Review: Is There Still a Role for Unreasonableness?
AbstractThe unreasonableness ground of judicial review is one of the most problematic areas of administrative law. A major concern is the extent to which the limits of judicial review are capable of being preserved by courts when considering this ground. This is because unreasonableness is ill defined and imprecise. The danger is that the courts may overstep the boundaries of judicial review and consider the merits of a decision. Consequently, recent case law has sought to restrict the operation of unreasonableness. It is argued here that these restrictions may be too severe, and that unreasonableness is an important means by which the courts can protect the rights of the individual. Thus while this ground of review must be exercised with restraint it must not be so restricted as to become essentially otiose. |