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Discretion of decision-maker


Unreasonable, The Wednesbury Test

Last updated: 07-Jun-2015

Per Lord Diplock in Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374, at p.410:

By ‘irrationality’ I mean what can by now be succinctly referred to as ‘Wednesbury unreasonableness’. It applies to a decision which is so outrageous in its defiance of logic or of accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at it.

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