Discussion
The traditional constraint on a public body has been the test of irrationality, also known as Wednesbury unreasonableness following Associated Provincial Picture Houses Ltd v. Wednesbury Corp which stated that a decision would be unreasonable if, ". . .no reasonable authority could ever have come to it" (per Lord Greene). But if the courts are to establish a justification for a more interventionist approach, irrationality will always be defeated if the particular decision has sufficient qualities of reasonableness, i.e. it should never be irrational to prefer the good of the many to the interests of the few. Hence, when faced with claims of a legitimate expectation, the courts have begun to require public officials to adopt the same approach as in making decisions affecting fundamental human rights (now formally protected through the Human Rights Act 1998 which incorporated the European doctrine of legitimate expectation to protect the public interest in consistency and certainty through a test of proportionality).
Read more about this topic: Legitimate Expectation
Famous quotes containing the word discussion:
“This is certainly not the place for a discourse about what festivals are for. Discussions on this theme were plentiful during that phase of preparation and on the whole were fruitless. My experience is that discussion is fruitless. What sets forth and demonstrates is the sight of events in action, is living through these events and understanding them.”
—Doris Lessing (b. 1919)
“We should seek by all means in our power to avoid war, by analysing possible causes, by trying to remove them, by discussion in a spirit of collaboration and good will. I cannot believe that such a programme would be rejected by the people of this country, even if it does mean the establishment of personal contact with the dictators.”
—Neville Chamberlain (1869–1940)
“My companion and I, having a minute’s discussion on some point of ancient history, were amused by the attitude which the Indian, who could not tell what we were talking about, assumed. He constituted himself umpire, and, judging by our air and gesture, he very seriously remarked from time to time, “you beat,” or “he beat.””
—Henry David Thoreau (1817–1862)