Dilemma in Administrative Discretion
admin cuet_pg intermediate pyq_discussionIn a recent CUET PG Law question, it was asked: "What is the difference between 'Wednesbury' unreasonableness and 'Wednesbury' irrationality as laid down in Council of Civil Service Unions v Minister for the Civil Service (1985)?"
Now, if you didn't know what happened in this case, don't worry, I'm here to guide you. The correct approach is to break down the definitions first. 'Wednesbury' unreasonableness involves a decision being taken without rational consideration of the facts and options available. 'Wednesbury' irrationality, on the other hand, means the decision is not just unreasonable but actually against the logic of the situation.
So, the actual test for Wednesbury unreasonableness became irrationality. This change made it more rigorous.