This website uses cookies to ensure you have the best experience. Learn more

Difficulties Associated With The Review Of Administrative Discretion

2483 words - 10 pages

I. Introduction
From the outset, Hogan and Morgan make it clear that controlling the review of administrative discretion is a difficult area of law to master, particularly noting “the formulation of a precise test is especially difficult because it has been made to apply to such a wide range of subject matter.” Indeed the practice of reviewing administrative discretion is one that involves many interlinking factors, and has punctuated the judicial system for many years. Even to this day, “the law in relation to…discretionary power is in a state of change.”
When entering the arena of judicial review, there is a fine line to be navigated in terms of balancing the need for judicial scrutiny and maintaining an appropriate level of curial deference. In attempting to balance these competing interests, and ultimately arrive at the fairest decision making process, the courts have progressed through a number of phases. In terms of unreasonableness, a head of review, jurisprudence has emanated from the highly controversial Wednesbury case. This essay aims to trace the progression of the law in this area, moving from Wednesbury unreasonableness through to the modern position laid out in the Meadows case, and ultimately suggest that the adoption of a proportionality test, as a separate head of review, is beneficial and would be most welcome in the Irish administrative law framework. This essay will analyse the position which Meadows has left this potentiality in. It will be noted throughout, that this is a difficult proposition, involving a large number of considerations, but simultaneously postulated that a well-reasoned proportionality test would go a long way to achieving an ideal balance for administrative review.
II. The foundations of unreasonableness
The concept of unreasonableness derives from the Wednesbury case, an English decision of Lord Greene MR. While the judge in this case eruditely acknowledged that the role of judicial review was not to overturn a decision that it did not like, à la Chief Constable for North Wales , it is promulgated that he failed in his assertion of a fair reasonableness test. Lord Greene’s formulation of unreasonableness, or irrationality, revolves around the belief that an unreasonable decision must be “so unreasonable that no reasonable authority could ever have come to it” before a court can interfere. This test became the standard for unreasonableness, and was followed with similar espousals in other leading cases, most notably, the judgment of Lord Diplock in CCSU v Minister for the Civil Service.
It is submitted that criticism has rightly landed at the feet of the Wednesbury test for a number of reasons. First, the threshold imposed on the is unfairly high , leaving the applicant with very little recourse in terms of being able to discharge the burden of proof laid out before them. More fervently, much criticism has been lobbied at the actual formation of Lord Greene’s test, deriding the circularity and...

Find Another Essay On Difficulties Associated With the Review of Administrative Discretion

Knee Pain Associated with Misalignment of the Knee Joint

1618 words - 6 pages Knee Pain Associated with Misalignment of the Knee Joint Introduction & Background I chose to write about knee pain and the misalignment of the knee joint, because it is something that I suffer from on a daily basis. In the last 11 years I have had three knee surgeries I have had part of my medial meniscus taken out and then followed it seven years later with the complete removal of the lateral meniscus. Due to my very valgus

SPECIES COMPOSITION OF POLLINATING INSECTS ASSOCIATED WITH THE CROPS

1541 words - 7 pages document all pollinating insects associated with the crops of Cucurbitacae in two selected area in Jaffna. Methodology: The district of Jaffna is the located between 9.66 latitude and 80.00 longitudes. Two area in Valigamamun division namely Thirunelvely and Manipay were selected based on the crops in home garden, cultivated lands, urban and rural road sides for pollinator collection. In each area , cropping land and its surrounding were

Prepuce- Three of the diseases that are associated with it

755 words - 3 pages Prepuce is a fold of skin that covers the head of the penis. The three diseases that I found associated with the prepuce are, Balanitis, Phimosis, and Penile Cancer.Balanitis is an inflammation of the skin covering the head of the penis. A similar condition, balanoposthisis, refers to inflammation of the head of the penis and the foreskin. Symptoms of balanitis include redness or swelling, itching, rash, pain, and foulsmelling discharge

Medical Technology and the Controversies Associated With Prolongation of Life

3168 words - 13 pages have been nearly eradicated (Public Broadcasting System, 2009). The rate of deaths due to cardiovascular disease has decreased 41% in less than 50 years (National Institutes of Health, 2009). End stage renal disease is fatal within months, but with dialysis, patients can live another 5 to 10 years (Merck, 2009). Clearly, medical technology has given countless patients and their families many years together.Medical care is expensive and not

The Difficulties of Belief

1108 words - 4 pages furry carpet she loved so much. It was one of her favorite things about her classroom- that and the mobiles that hung by the windows and when the light was exactly right, Emmy could practically see through them."Now, this story is about Jeremy and the dragon," the teacher explained carefully, looking out at the wide-eyed children who were smiling up at her intently.Emmy was also looking and smiling, her eyes dancing with contained excitement as the

A review of The rs1800716 variant in CYP2D6 is associated with an increased double endometrial thickness in postmenopausal women on tamoxifen

908 words - 4 pages believe that more studies need to be conducted in order to really pinpoint the effects that mutant variants of the CYP450’s have on tamoxifen metabolism in the body. Works Cited 1. Dieudonne, A. S., Vergote, I., Neven, P., Christiaens, M. R., Timmerman, D., Hyonil, C. The rs1800716 variant in CYP2D6 is associated with an increased double endometrial thickness in postmenopausal women on tamoxifen. Annals of Oncology 2013; 25(1), 90-95. 2

Police Discretion and the Use of Force

2202 words - 9 pages officer’s discretion. Discretion leads to selective enforcement practices and may result in discrimination against certain groups of people or select individuals (Young, 2011). Most police officer discretion is exercised in situations with individuals (Sherman, 1984). Discrimination can lead to legal problems for an officer of the law. If discrimination due to an officer’s use of discretion results in a violation of due process it is a

The Difficulties of Treating MRSA

801 words - 3 pages The Difficulties of Treating MRSA MRSA is difficult to treat because of it's resistance. Acquired immune processes include the body's adaptive response to antibiotics. ie when given the body makes specific antibodies to combat MRSA by destroying it's outer membrane. Antibiotics can be given orally or through injections. The main antibiotics used are vancomycin and rifampicin and they are most effective when used in

The Importance of Early Reading Intervention for Students who Demonstrate Difficulties with Reading

1482 words - 6 pages basic reading skills. At least one in five students has significant difficulties with reading acquisition (Lyon & Moats, 1997). In Therrien’s research he noted from previous research approximately 37% of fourth-grade students did not achieve at the most basic level. Also proposed was when LaBerge and Samuels (1974) theorized that reading fluency problems stem from readers’ poor decoding skills. When decoding is too slow, a “bottleneck” is

Types of Horror Associated with Media

1206 words - 5 pages Rough Draft Essay Topic: What are the types of horrors associated with media? As the main topic suggests, what are the types of horrors associated with media? First off, you might want to think about what your definition of fear is, what unsettles you, and what rubs you the wrong way. Well according to Stephen King, this can be broken down into three types; which is the gross-out, horror, and terror. The gross-out in this case is what it is

The Factors Associated With Adolescent Depression

1974 words - 8 pages The Factor Associated with Adolescent Depression By Crystal Zymantas Depression in youth is viewed as a significant problem that affects approximately 30% of the adolescent population (Lewinsohn, Hops, Roberts, Seeley, & Andrew) in the journal done by (McWhirter, McWhirter, & Gat 1996). It has been noted that nearly 17 million Canadians suffer from feelings of depression and twice as many women are affected (Fairbanks Psychiatric &amp

Similar Essays

Causes, Symptoms And Difficulties Associated With Dyslexia

1001 words - 5 pages writing. Dyslexia is the most common type of learning disability. There are 3 points of dyslexia I would like to discuss; causes of, symptoms and difficulties that people with dyslexic face. All of these points are important in helping you to understand and learn about this disability. Let’s start with some of the theories believed to contribute to this disability. Scientist do not know the exact cause of dyslexia, but the they know that

The Discretion Of The Police Essay

829 words - 3 pages decision that will make both parties involved be content with the resolution. This discretion that a police officer uses at the time of a domestic disturbance is the most difficult because his decisions ends up affecting either parties to a situation for the better or for the worse. In such situation, the officer can either mediate a peaceful agreement, can suggest counseling or if this doesn’t work he can also make an arrest of the person that is

The Abuse Of Human Rights Associated With Drug Control Policy

1784 words - 8 pages rights and public health have been continuously absent and are viewed as irritative by many UN agencies and governments (War on drugs report 2011). Human rights abuses associated with drug control policies present in different countries are not just perpetrated by the individual governments but by the drug control system itself (Joanne Csete p.1). The drug control system by its aims, current operation, interpretation and implementation of the

The Negative Consequences Associated With Physical Punishment Of Children

1470 words - 6 pages property, using conditional punishment is more sufficient than other methods. As Larzelere and Kuhn, (2005, p 25,26) found out that conditional spanking was associated with better child outcomes than were alternative disciplinary tactics, but this applied only to reductions in noncompliance and antisocial behaviour. In addition, the effect sizes of conditional spanking compared favourably with alternative tactics for all disruptive behaviour problems