#unreasonableness

[ask-the-clueless-synths]

Hey, Fuka, how's it goin? Seems that m!a of yours is finally over! ~"Len"

Thanks @ask-twins-of-the-synths (and "Len".)

[myanimethought]

"Unified Front: School Struggles" “I want to go to school with you” Volume 1 for my friends, fighting against the unreasonableness faced by the school. Read more: https://myanimethoughts.com/school-friends-fighting-unreasonableness-unified-front #school #friends #fighting #unreasonableness #UnifiedFront

[myanimethought]

"Unified Front: School Struggles"

“I want to go to school with you” Volume 1 for my friends, fighting against the unreasonableness faced by the school.

[falseandrealultravival]

Respectfully exchanging writings (six-line poem)

Jun Ui

I often clashed with Jun Ui.

He would force his unreasonableness on me

I firmly refused.

After that, he praised me in his book.

I presented him with "Nipping Disaster in the Buds."

I am his successor.

Rei Morishita

敬意を以って著作の交換（６行詩）

宇井純とはよく衝突した。 理不尽を押し付ける彼 私は断固拒否した。 その後彼は本の中で私を褒めた。 私は彼に「災害の芽を摘む」を贈呈した。 私は彼の後継者だ。

森下礼

[jonnyha]

#無理 #impossible #unreasonable #unreasonableness . #ImpossibleMeatballs . #Vegetarian #Singapore #シンガポール #シンガポールライフ #シンガポール在住 #シンガポール生活 #ペン習字 #筆ペン #漢字 #書道 #書法 #書遊 #毛筆 #墨 #習字 #筆文字 #文字 #MeatAlternative #インスタ書道部 #書道好きな人と繋がりたい (at Tess Bar & Kitchen, Singapore) https://www.instagram.com/p/ClOanCrPfwZ/?igshid=NGJjMDIxMWI=

[lawdegreerevision]

When is Wednesbury replaced by proportionality?

= Where there are human rights or EU law concerns involved [Daly], or when there is a statutory requirement – proportionality is perceived as stricter

NB: human rights includes common law rights as well as HRA

What is proportionality?: Lord Sumption in Bank Mellat (No 2) identified four issues in particular for consideration under proportionality review:

Sufficiently important legislative objective (essentially fair balance)

Objective rationally connected to the means? (suitability)

Means are no more than necessary (necessity) [R (Quila) v SS for Home Department]

Fair balance [Nadarajah]

Sometimes add (5) whether the measure has a legitimate aim in the first place → basic vires question

 Pham and Keyu:

Pham was seen as bringing the tests closer together, per Lord Sumption and Mance, arbitrary disctinction between tests which achieve essentially a similar result – you get different results when officials apply each test more or less strictly (more or less deference)

Keyu court starts to turn and consider the two tests as starkly different things (notable exception Lord Kerr) - which completely contradicts Pham and common sense – but they look to be on the brink of universally adopting proportionality regardless (notable exception Brenda)

[lawdegreerevision]

Standard of Wednesbury Unreasonableness

= Wednesbury is still good law, but courts have both weakened the standard on some occasions, but also shown willingness to use it less by empoying the concept of deference

Strict beginnings: “would require something overwheling” Lord Greene in Wednesbury, continued the hard line in Tameside: “a very strong word indeed” Lord Russell

--> In practice: Courts more ready to interfere than the test suggests – Lord Cooke in ex p International Traders‘ Ferry “it seems to me unfortunate that Wednesbury and some Wednesbury phrases have become established incarnations in the courts of the United Kingdom”

Courts more willing to interfere where, for example, human rights are at stake [Ex p Brind, A v. SS for Home Department], less willing where there is complex considerations [ex p Smith] or the issue has been approved directly by Parl [Nottinghamshire CC v SS for Enviroment]

Sliding scale: Wednesbury is now a “sliding scale of review, more or less according to the nature or gravity of what is at stake“ – Laws LJ in ex p Begbie, reconfirmed in Kennedy v Charity Commissioners

Why? Criticicism of Wednesbury has historically been based on the fact it relies on circular, opaque reasoning – this allows for some manouvering

BUT is this true? Lady Hale lists an exhaustive number of factors the court would be bound to consider in Keyu, it’s an oversimplistic picture of the law – Daly thinks the court can articulate a key normative value (i.e comparative situations are not to be treated unequally) and judge against this benchmark

Is proportionality any better? Structured for more rigorous review, but still beset by lots of possibilities for deference [R v DPP ex p Kebilene], [R (Pro Life Alliance) v BBC]