Lectures in administrative law XXII

Abstract

Let's embark now on a captivating exploration of the realm of administrative law, where reasonableness takes centre stage. To fully comprehend this concept, we must first pay homage to the iconic legal case of 1947, Associated Provincial Picture Houses Ltd vs Wednesbury Corp, affectionately known as the Wednesbury case. Imagine this: in 1947, the Wednesbury Corporation issued a cinema license with a stipulation that barred children under the age of 15 from attending screenings on Sundays. Associated Provincial Picture Houses Ltd was dissatisfied with this decision, deeming it ‘unreasonable’. However, when the matter came before the court, Lord Greene found nothing so absurd or irrational about the restriction that would render it beyond the realm of a rational authority's decision-making. In this case, the court noted that the ban on children attending Sunday screenings, while perceived as unreasonable by one party, didn't cross the threshold of unlawfulness. Thus, there wasn't a level of absurdity that would render the ban unlawful, underscoring the principle that judicial interference was warranted only under specific circumstances.