Chapter 13 Multiple choice questions

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

Challenge to a local council's decision to permit the showing of films on Sundays, on the condition that children under 15 should not be admitted.

Challenge to a Home Office policy permitting prison officers the authority to search prisoners' cells, including their private correspondence.

Challenge to a local council's decision to increase the wage of its employees by 100%

Challenge to the UK government's ratification of the Maastricht Treaty.

. How does Lord Greene define unreasonableness in Wednesbury?

Manifestly unfair

Something so absurd that no sensible person could ever dream that the act in question lay within the powers of the authority

Something that is not only unlawful, in the sense that it is contrary to statute, but also breaches individuals' human rights

Something that is entirely disproportionate to the intended objective

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

Roberts v Hopwood

Entick v Carrington

Dr Bonham's Case

Wheeler v Leicester City Council

. 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?

True

False

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

The policy setting out the wage level of those in the armed forces

The policy clarifying the length of time a member of the armed forces could be sent away on active service

The policy forbidding homosexual individuals from being in the armed forces

The policy setting out changes to military dress

. 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?

R (Daly) v Secretary of State for the Home Department

R v Barnsley Metropolitan Council, ex p Hook

R v Chief Constable of Kent, ex p Absalom

R v Secretary of State for the Home Department ex p Brind

. 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.'

R (Daly) v Secretary of State for the Home Department

R (Alconbury Ltd) v Secretary of State for the Environment

R v Secretary of State for the Home Department ex p Brind

R (Association of British Civilian Internees: Far East Region) v Secretary of State for Defence

. 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?

The European Court of Human Rights

The Appellate Committee of the House of Lords

The Court of Appeal

The Supreme Court

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

False

True

. 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?

11

9

7

12

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