''Kruse v Johnson'' 8982 QB 91 is a UK administrative law case, concerning the judicial review of decisions by public bodies. It is notable as

Lord Russell CJ Charles Arthur Russell, Baron Russell of Killowen, (10 November 1832 – 10 August 1900) was an Irish people, Irish statesman of the 19th century, and Lord Chief Justice of England and Wales, Lord Chief Justice of England. He was the first Roma ...

established the principle that if a measure were to indirectly discriminate between classes, it could be declared void. According to him, if rules under authority of an Act of Parliament,

Facts

Kent County Council Kent County Council is a county council that governs most of the county of Kent in England. It is the upper tier of elected local government, below which are 12 district councils, and around 300 town and parish councils. The county council h ...

made a bylaw, under authority of the Local Government Act 1888 section 16, that nobody, after being requested to stop by a constable, could play music or sing within 50 yards of a dwelling house in an public place or highway. The claimant had been singing a hymn within 50 yards of a dwelling house, and had refused to stop after a constable had told him to do so. He was given a penalty, and sought judicial review to declare that the bylaw was void.

Judgment

, giving the court's leading judgment, held the bylaw was valid on the ground that it was not unreasonable, because it did not have a discriminatory impact on the population. He said the following. 8982 QB 91, 98-100 Matthew J dissented. Chitty LJ, Wright J, Darling J, and Channell J concurred with Lord Russell CJ.

Notes

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References

* United Kingdom administrative case law United Kingdom constitutional case law 1898 in British law 1898 in case law

Facts

Judgment

See also

Notes

References