Chapter 12 Self-test questions

Judicial review: irrationality and proportionality

Quiz Content

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. Which of the following statements describes the facts of Associated Provincial Picture Houses Ltd v Wednesbury Corporation?

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. How does Lord Greene define unreasonableness in Wednesbury?

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. Which pre-Wednesbury case also demonstrates the relevance of the 'unreasonableness' principle to decision-making?

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. Leicester City Council's actions in barring the rugby club from using the local recreation ground were found to be unreasonable in Wheeler v Leicester City Council. True or false?

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. In R v Ministry of Defence ex p Smith [1996], what government policy did the Court of Appeal find not to be unreasonable?

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. In which case did the House of Lords reject a proportionality (and ECHR) argument in respect of the Home Secretary's prohibition of the broadcast by individuals representing terrorist organisations?

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. In which case did Lord Steyn note the following? '[T]here is an overlap between the traditional grounds of review and the approach of proportionality. Most cases would be decided in the same way whichever approach is adopted. But the intensity of review is somewhat greater under the proportionality approach.'

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. In R (Association of British Civilian Internees: Far East Region) v Secretary of State for Defence, which court did Dyson LJ say should not 'perform [the] burial rites' of Wednesbury unreasonableness?

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. Wednesbury unreasonableness is no longer valid law. True or false?

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. In Keyu v Secretary of State for Foreign and Commonwealth Affairs, how many Supreme Court justices did Lord Neuberger say should appropriately be called upon to consider replacing Wednesbury unreasonableness with proportionality?

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