Irrationality

• What is irrationality?

  • Applies to an outrageous decision which defies logic or the accepted moral standards that no sensible person could come to think of it
• What is unreasonableness?


  A decision "so unreasonable that no reasonable authority could ever have come to it"
• What are the Wednesbury principles?

  • Proper direction in law
  • Take into account relevant factors
  • Excludes irrelevant factors
• What were the facts of R (Daly) v Secretary of State for the Home Department [2001]?

  • The Home Secretary issued a policy requiring prisoners to be removed from their cells during routine searches including examining legal correspondence
  • Daly argued that the search breached his common law right of confidentiality of privileged legal correspondence
• What was the decision in Daly [2001]?


  • The policy infringes on prisoners' right to confidential legal exchange
  • Bingham recognised the ECtHr's observances about the need to grant effective remedies where ECHR articles had been breached
• What were the facts of Wheeler v Leicester City Council [1985]?


  • The English Rugby Football Union had been using the recreation ground for training which they were allowed to do so by the Leicester City Council
  • 3 of their players went on a rugby tour to apartheid South Africa
  • The LCC asked the club questions incl. whether they opposed the tour and would cancel
  • The Club didn't want to get involved in political matters but denounced apartheid
  • The club was banned from using the recreation ground for training for a year
• What was the legal issue in Wheeler v Leicester City Council [1985]?


  Was the ban a lawful exercise of discretion by the Council under section 71 of the Race Relations Act 1976
• What was the decision in Wheeler v Leicester City Council [1985]?


  • Lord Roskill found unreasonableness as it failed the Wednesbury test
  • Lord R also found procedural impropriety as the club had received 'reasoned and reasonable answers' and that the court shouldn't interfere due to the 'unfair manner in which the council set about obtaining its objective'
  • Lord Templeman found illegality: a private individual or organisation "cannot be obliged to display zeal in the pursuit of an object sought by a public authority and cannot be obliged to publish views dictated by a public authority.”