Chapter 17 Self-test questions

1. Consider which statement is the most accurate.
An irrational decision is one which;

the court decides is so outrageous on the merits that no sensible person could have arrived at it

the court decides is so perversely unfair to the claimant that no sensible person could have arrived at it.

the court thinks is so outrageous in its defiance of logic or of moral standards that no sensible person could have arrived at it.

2. In Daly the House of Lords decided that in judicial review cases that engage the Human Rights Act the court should apply the;

irrationality test

the proportionality test

the irrationality and the proportionality test depending on the circumstances

3. Judicial deference means:

judges never decide issues concerned with national security

judges will never judicially review a case concerned with the allocation of resources

in exceptional cases out of respect for other branches of government the court refuses to make its own independent judgment on a particular issue.

4. In cases concerned with judicial review and the Human Rights Act the court must decide:

whether the decision maker has taken human rights into account

whether the decision maker has made the correct choice on the merits

whether it is satisfied that there has been no breach of the claimant's human rights

5. A decision to restrict the claimant's Convention rights will be proportionate if:

the decision maker had no alternative but to restrict the right.

the case is concerned with a legitimate aim such as defence or national security.

the court considers that on balance the action taken to achieve the legitimate aim could not have been achieved by a less intrusive means.

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