Two stage test for invalidating a law australia speed dating lancashire

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With respect, arguing that it is unreasonable or irrational to not take all relevant considerations into account is conceptually confusing and in fact misguided.It is not more helpful than arguing that it is unreasonable or irrational to take irrelevant considerations into account, act in bad faith, be in a state of conflict of interests, act for an improper purpose etc.A test of rationality, by comparison, applies a minimum objective standard to the relevant person’s mental processes’ (para 14).(4) Rationality as a mega ground of judicial review that covers more specific grounds of review such as acting in bad faith, acting capriciously or arbitrarily etc.The court repeatedly held that it was irrational to not take into account the historic pattern of breaches of international humanitarian law on the part of the coalition while making the decision about granting the licenses (paras 35, 57-59, 62, 139, 144, 145, 153).

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In 2015 a coalition of nine states led by Saudi Arabia commenced military operations against the Houthis in Yemen.Equating this ground of review with ‘rationality’ adds nothing to our understanding of that ground of review.It also means that rationality review has no distinct meaning in UK public law.This approach, albeit within a specific context, was taken by the Supreme Court’s in its decision in (2015), according to which a demand to base a decision on ‘reasonable grounds’ sets a higher hurdle than ‘mere rationality’ (paras 91, 129).(3) Rationality as a ground of review that focuses on the decision-maker’s ‘mental process’ as opposed to reasonableness review that focuses on the outcome – i.e. See for example Lord Sumption’s view in (2013) that ‘reasonableness is an external, objective standard applied to the outcome of a person’s thoughts or intentions…

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