Wednesbury unreasonableness
Encyclopedia
Associated Provincial Picture Houses v Wednesbury Corporation [1947] 1 KB 223 is an English law
case which set down the standard of unreasonableness of public body decisions which render them liable to be quashed on judicial review
. This special sense is accordingly known as Wednesbury unreasonableness.
The court stated three conditions on which it would intervene to correct a bad administrative decision, including on grounds of its unreasonableness in the special sense later articulated in Council of Civil Service Unions v Minister for the Civil Service
by Lord Diplock
:
Corporation, the local authority of the market town of Wednesbury
in Staffordshire
, to operate a cinema
on condition that no children under 15 were admitted to the cinema on Sundays. Associated Provincial Picture Houses sought a declaration that such a condition was unacceptable, and outside the power of the Corporation to impose.
The court held that the condition did not fall into any of these categories. Therefore, the claim failed and the decision of the Wednesbury Corporation was upheld. According to Lord Greene MR,
bodies.
In recent times, particularly as a result of the enactment of the Human Rights Act 1998
, the judiciary have resiled from this strict abstentionist approach, recognising that in certain circumstances it is necessary for them to undertake a more searching review of administrative decisions. Indeed, the European Court of Human Rights
now requires the reviewing court to subject the original decision to "anxious scrutiny" whether an administrative measure infringes a Convention right. In order to justify such an intrusion, the Respondents will have to show that they pursued a "pressing social need" and that the means employed to achieve this were proportionate to the limitation of the right.
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
case which set down the standard of unreasonableness of public body decisions which render them liable to be quashed on judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
. This special sense is accordingly known as Wednesbury unreasonableness.
The court stated three conditions on which it would intervene to correct a bad administrative decision, including on grounds of its unreasonableness in the special sense later articulated in Council of Civil Service Unions v Minister for the Civil Service
Council of Civil Service Unions v Minister for the Civil Service
Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374, commonly known as the GCHQ case, was an English administrative law which held that the Royal Prerogative was subject to judicial review...
by Lord Diplock
Kenneth Diplock, Baron Diplock
William John Kenneth Diplock, Baron Diplock, KC was an English judge and Law Lord.-Early life:Born the son of a Croydon solicitor, he attended Whitgift School and University College, Oxford, where he read chemistry and was later to become an Honorary Fellow.-Career:Diplock was called to the bar by...
:
Facts
In 1947 a cinema company, Associated Provincial Picture Houses, was granted a licence by the WednesburyWednesbury
Wednesbury is a market town in England's Black Country, part of the Sandwell metropolitan borough in West Midlands, near the source of the River Tame. Similarly to the word Wednesday, it is pronounced .-Pre-Medieval and Medieval times:...
Corporation, the local authority of the market town of Wednesbury
Wednesbury
Wednesbury is a market town in England's Black Country, part of the Sandwell metropolitan borough in West Midlands, near the source of the River Tame. Similarly to the word Wednesday, it is pronounced .-Pre-Medieval and Medieval times:...
in Staffordshire
Staffordshire
Staffordshire is a landlocked county in the West Midlands region of England. For Eurostat purposes, the county is a NUTS 3 region and is one of four counties or unitary districts that comprise the "Shropshire and Staffordshire" NUTS 2 region. Part of the National Forest lies within its borders...
, to operate a cinema
Movie theater
A movie theater, cinema, movie house, picture theater, film theater is a venue, usually a building, for viewing motion pictures ....
on condition that no children under 15 were admitted to the cinema on Sundays. Associated Provincial Picture Houses sought a declaration that such a condition was unacceptable, and outside the power of the Corporation to impose.
Judgement
The court held that it could not intervene to overturn the decision of the defendant simply because the court disagreed with it. To have the right to intervene, the court would have to form the conclusion that:- the Wednesbury Corporation, in making that decision, took into account factors that ought not to have been taken into account, or
- the Corporation failed to take into account factors that ought to have been taken into account, or
- the decision was so unreasonable that no reasonable authority would ever consider imposing it.
The court held that the condition did not fall into any of these categories. Therefore, the claim failed and the decision of the Wednesbury Corporation was upheld. According to Lord Greene MR,
Use of this case
The test laid down in this case, in all three limbs, is known as "the Wednesbury test". The term "Wednesbury unreasonableness" is used to describe the third limb, of being so unreasonable that no reasonable authority could have decided that way. This case or the principle laid down is cited in United Kingdom courts as a reason for courts to be hesitant to interfere into the decisions of administrative lawAdministrative law
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
bodies.
In recent times, particularly as a result of the enactment of the Human Rights Act 1998
Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
, the judiciary have resiled from this strict abstentionist approach, recognising that in certain circumstances it is necessary for them to undertake a more searching review of administrative decisions. Indeed, the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
now requires the reviewing court to subject the original decision to "anxious scrutiny" whether an administrative measure infringes a Convention right. In order to justify such an intrusion, the Respondents will have to show that they pursued a "pressing social need" and that the means employed to achieve this were proportionate to the limitation of the right.
See also
- Compare: patently unreasonablePatently unreasonableIn Canadian law, patently unreasonable or the patent unreasonableness test was a standard of review used by a court when performing judicial review of administrative decisions. It was the highest of three standards of review: correctness, unreasonableness, and patent unreasonableness...
, fairness, fundamental justiceFundamental justiceFundamental justice is a legal term that signifies a dynamic concept of fairness underlying the administration of justice and its operation, whereas principles of fundamental justice are specific legal principles that command "significant societal consensus" as "fundamental to the way in which the...
and due processDue processDue process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
. - In the United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
, a similarly dominant case is Chevron U.S.A. v. Natural Resources Defense CouncilChevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 , was a case in which the United States Supreme Court set forth the legal test for determining whether to grant deference to a government agency's interpretation of a statute which it administers...
, , which describes the level of deference accorded to final legislative rulemaking issued by federal agencies with the authority to do so. The legal standard, however, that is most comparable to Wednesbury unreasonableness is the "arbitrary and capriciousArbitrary, capricious and unreasonableArbitrary, capricious and unreasonable is a legal concept in American jurisprudence.In the State of New York it is one of the legal grounds under which a government official's official action may be challenged in the state court of law under Article 78 of the Civil Practice Law and Rules, New York...
" standard applied to most regulatory decisions undertaken without trial-type procedures (those rendered after trial-type procedures must be "supported by substantial evidence"). - Re Smith & Fawcett [1942] Ch 304, a company law case also dealing with the control of discretion
- Wednesbury unreasonableness in Singapore