tag:blogger.com,1999:blog-2352189175211648260.post38340691153907040..comments2023-10-24T14:45:41.342+02:00Comments on K’s Law: R 19/11 – Forget Wednesbury orhttp://www.blogger.com/profile/07992102028406713066noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-2352189175211648260.post-9397784404777558722012-12-26T20:04:06.217+01:002012-12-26T20:04:06.217+01:00As far as I understand, "Wednesbury irrationa...As far as I understand, "Wednesbury irrationality" relates to how a court may determine whether an administrative instance has "correctly" exercised a discretionary power: if an administrative instance has exercised a discretionary power, a court may not overrule this decision, unless it was "so unreasonable that no reasonable person acting reasonably could have made it" (see <a href="http://en.wikipedia.org/wiki/Wednesbury_unreasonableness" rel="nofollow">Wikipedia</a> for the complete test). This is not different from how the Boards of Appeal judge the exercise of a discretionary power (e.g. under Rule 137(3)) by an ED or OD.<br /><br />From this, it follows that the petitioner's reference to "Wednesbury unreasonableness" makes little sense. Firstly, the petitioner is not complaining about any wrongly exercised discretionary power. Secondly, even in UK law the principle of "Wednesbury unreasonableness" is not a ground for quashing a final judgement (i.e. one that cannot anymore be appealed) by a court.Myshkinnoreply@blogger.comtag:blogger.com,1999:blog-2352189175211648260.post-35647578581497226832012-12-26T11:57:24.821+01:002012-12-26T11:57:24.821+01:00So the board confirmed the findings of the OD and ...So the board confirmed the findings of the OD and the pooor oponent was misunderstood by everybody. It is a pitty that the EBA did not decide that the petition was unallowable for the reason of "Wednesbury unreasonableness" ...Anonymousnoreply@blogger.com