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Return to Complete Public Law 4e student resources
Chapter 17 Self-test questions
Irrationality and Proportionality
Quiz Content
*
not completed
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
correct
incorrect
the court decides is so perversely unfair to the claimant that no sensible person could have arrived at it.
correct
incorrect
the court thinks is so outrageous in its defiance of logic or of moral standards that no sensible person could have arrived at it.
correct
incorrect
*
not completed
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
correct
incorrect
the proportionality test
correct
incorrect
the irrationality and the proportionality test depending on the circumstances
correct
incorrect
*
not completed
Judicial deference means;
judges never decide issues concerned with national security
correct
incorrect
judges will never judicially review a case concerned with the allocation of resources
correct
incorrect
in exceptional cases out of respect for other branches of government the court refuses to make its own independent judgment on a particular issue.
correct
incorrect
*
not completed
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
correct
incorrect
whether the decision maker has made the correct choice on the merits
correct
incorrect
whether it is satisfied that there has been no breach of the claimant's human rights
correct
incorrect
*
not completed
A decision to restrict the claimant's Convention rights will be proportionate if;
the decision maker had no alternative but to restrict the right.
correct
incorrect
if the case is concerned with a legitimate aim such as defence or national security
correct
incorrect
the court considers that on balance the action taken to achieve the legitimate aim could not have been achieved by a less intrusive means.
correct
incorrect
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