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Wednesbury Unreasonableness Principle
''Associated Provincial Picture Houses Ltd. v Wednesbury Corporation'' 9481 KB 223 is an English law case that sets out the standard of unreasonableness of public-body decisions that would make them liable to be quashed on judicial review, known as ''Wednesbury'' unreasonableness. The court gave three conditions on which it would intervene to correct a bad administrative decision, including on grounds of its unreasonableness in the special sense later articulated in '' Council of Civil Service Unions v Minister for the Civil Service'' by Lord Diplock: Facts In 1947 Associated Provincial Picture Houses was granted a licence by the Wednesbury Corporation in Staffordshire to operate a cinema on condition that no children under 15, whether accompanied by an adult or not, were admitted on Sundays. Under the Cinematograph Act 1909, cinemas could be open from Mondays to Saturdays but not on Sundays, and under a Regulation, the commanding officer of military forces stationed in a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human Rights Act 1998
The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights. The Act makes a remedy for breach of a Convention right available in UK courts, without the need to go to the European Court of Human Rights (ECHR) in Strasbourg. In particular, the Act makes it unlawful for any public body to act in a way which is incompatible with the convention, unless the wording of any other primary legislation provides no other choice. It also requires the judiciary (including tribunals) to take account of any decisions, judgment or opinion of the European Court of Human Rights, and to interpret legislation, as far as possible, in a way which is compatible with Convention rights. However, if it is not possible to interpret an Act of Parliament so as to make it compatible with the convention, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom Administrative Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1947 In England
It was the first year of the Cold War, which would last until 1991, ending with the dissolution of the Soviet Union. Events January * January– February – Winter of 1946–47 in the United Kingdom: The worst snowfall in the country in the 20th century causes extensive disruption of travel. Given the low ratio of private vehicle ownership at the time, it is mainly remembered in terms of its effects on the railway network. * January 1 - The Canadian Citizenship Act comes into effect. * January 4 – First issue of weekly magazine '' Der Spiegel'' published in Hanover, Germany, edited by Rudolf Augstein. * January 10 – The United Nations adopts a resolution to take control of the free city of Trieste. * January 15 – Elizabeth Short, an aspiring actress nicknamed the "Black Dahlia", is found brutally murdered in a vacant lot in Los Angeles; the mysterious case is never solved. * January 16 – Vincent Auriol is inaugurated as president of France. * January 19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wednesbury Unreasonableness In Singapore Law
''Wednesbury'' unreasonableness is a ground of judicial review in Singapore administrative law. A governmental decision that is ''Wednesbury''-unreasonable may be quashed by the High Court. This type of unreasonableness of public body decisions was laid down in the English case of '' Associated Provincial Picture Houses v. Wednesbury Corporation'' (1947), where it was said that a public authority acts unreasonably when a decision it makes is "so absurd that no sensible person could ever dream that it lay within the powers of the authority". ''Wednesbury'' unreasonableness was subsequently equated with irrationality by the House of Lords in '' Council of Civil Service Unions v. Minister for the Civil Service'' (the ''GCHQ'' case, 1983). These cases have been applied numerous times in Singapore, though in some decisions it is not very clear whether the courts have applied such a stringent standard. In the UK, courts have applied varying standards of scrutiny when assessing whether ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Smith & Fawcett
''Re Smith and Fawcett Ltd.'' 942Ch 304 is a UK company law case, concerning the meaning of "the interests of the company". It is relevant for the provisions of company law now embodied in Companies Act 2006, section 172. Facts Article 10 of the company's constitution said that directors could refuse to register share transfers. Mr. Fawcett, one of the two directors and shareholders, had died. Mr. Smith co-opted another director and refused to register a transfer of shares to the late Mr. Fawcett’s executors. Half the shares were bought, and the other half offered to the executors. Judgment Lord Greene MR Wilfrid Arthur Greene, 1st Baron Greene,First name spelt Wilfred in some sources (30 December 1883 – 16 April 1952) was a British lawyer and judge, noted for creating two crucial principles of administrative law, the Wednesbury doctrine an ... said: See also * Business judgment rule *'' Australian Securities and Investments Commission v Rich'' 009NSWSC 1229 {{D ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arbitrary, Capricious And Unreasonable
In law, the standard of review is the amount of deference given by one court (or some other appellate tribunal) in reviewing a decision of a lower court or tribunal. A low standard of review means that the decision under review will be varied or overturned if the reviewing court considers there is any error at all in the lower court's decision. A high standard of review means that deference is accorded to the decision under review, so that it will not be disturbed just because the reviewing court might have decided the matter differently; it will be varied only if the higher court considers the decision to have obvious error. The standard of review may be set by statute or precedent (stare decisis). In the United States, "standard of review" also has a separate meaning concerning the level of deference the judiciary gives to Congress when ruling on the constitutionality of legislation. United States In the United States, the term "standard of review" has several different meanings ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chevron U
Chevron (often relating to V-shaped patterns) may refer to: Science and technology * Chevron (aerospace), sawtooth patterns on some jet engines * Chevron (anatomy), a bone * '' Eulithis testata'', a moth * Chevron (geology), a fold in rock layers * Chevron (land form), a sediment deposit across the earth's surface * Chevron nail, a rare transient fingernail ridge pattern seen in children * Chevron plot, a way of representing data Organisations * ''The Chevron'', former newspaper at the University of Waterloo, Ontario, Canada * Chevron Corporation, an American multinational energy corporation ** ''Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.'', 467 U.S. 837 (1984), a United States Supreme Court case dealing with administrative law * Chevron Cars Ltd, a British racing car constructor * Chevron Engineering Ltd, a New Zealand car maker People * Philip Chevron (1957–2013), Irish singer/songwriter * The Chevrons, an American pop group Places * Chevron, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Due Process
Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically. The term is not used in contemporary English law, but t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fundamental Justice
In Canadian and New Zealand law, fundamental justice is the fairness underlying the administration of justice and its operation. The principles of fundamental justice are specific legal principles that command "significant societal consensus" as "fundamental to the way in which the legal system ought fairly to operate", per '' R v Malmo-Levine''. These principles may stipulate basic procedural rights afforded to anyone facing an adjudicative process or procedure that affects fundamental rights and freedoms, and certain substantive standards related to the rule of law that regulate the actions of the state (e.g., the rule against unclear or vague laws). The degree of protection dictated by these standards and procedural rights vary in accordance with the precise context, involving a contextual analysis of the affected person's interests. In other words, the more a person's rights or interests are adversely affected, the more procedural or substantive protections must be afforded to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equity (law)
Equity is a particular body of law that was developed in the English Court of Chancery. Its general purpose is to provide a remedy for situations where the law is not flexible enough for the usual court system to deliver a fair resolution to a case. The concept of equity is deeply intertwined with its historical origins in the common law system used in England. However, equity is in some ways a separate system from common law: it has its own established rules and principles, and was historically administered by separate courts, called " courts of equity" or "courts of chancery". Equity exists in domestic law, both in civil law and in common law systems, and in international law. The tradition of equity begins in antiquity with the writings of Aristotle (''epieikeia'') and with Roman law (''aequitas''). Later, in civil law systems, equity was integrated in the legal rules, while in common law systems it became an independent body of law. Equity in common law jurisdictions (gener ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
