Scope Of The Wednesbury Principle
Prima facie, it may seem irrelevant to ask the obvious question: Could it have possibly been the intention of the Parliament that any body should behave unreasonably? The answer is, of course, no, and it is this understanding that provides the basis for jurisdiction. [1]
Critical to the evaluation of the Wednesbury principle [2] is an appraisal of where it can be located within the scheme of administrative law, and its articulation in a different category of challenge to administrative action.
The purpose of the introduction is twofold: If we concede that the Wednesbury principle is a tool for challenging administrative action,
Where is the principle located within the scheme of administrative law?
Why is there a necessity to study unreasonableness under a different category, is this not covered by the ultra vires doctrine? [3]
The way in which such challenge is made is relevant; and in this respect, the Wednesbury principle is understood with respect to grounds of judicial review of administrative action. In relation to this, as the ultra vires principle already exists, a question that is often asked is the reason for the necessity of a discrete principle relating to unreasonableness.