The relevance of 'Wednesbury unreasonableness' in the light of 'proportionality' as a ground for judicial review (Record no. 104104)

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fixed length control field 01361pab a2200181 454500
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fixed length control field 180718b2014 xxu||||| |||| 00| 0 eng d
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Varghese, Rajan
245 ## - TITLE STATEMENT
Title The relevance of 'Wednesbury unreasonableness' in the light of 'proportionality' as a ground for judicial review
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2014
300 ## - PHYSICAL DESCRIPTION
Extent p.89-104.
362 ## - DATES OF PUBLICATION AND/OR SEQUENTIAL DESIGNATION
Dates of publication and/or sequential designation Jan-Mar
520 ## - SUMMARY, ETC.
Summary, etc. The principle of primary review and proportionality on the one hand and the principle of secondary review and Wednesbury reasonableness on the other hand gave a new dimension to Administrative Law, the former applying in the case of fundamental freedoms and the latter, in other cases. Proportionality as a legal test is capable of being more precise than a reasonableness test, besides requiring a more intrusive review of a decision made by public authority. Judicial verdicts have not openly held that the proportionality test may replace the Wednesbury test. Practically what is found is that the proportionality te3st is applied more and more, when there is violation of human rights and fundamental freedom and theWednesbury finds its presence more on the domestic law when there are violations of a citizens ordinary rights. - Reproduced.
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element Administrative law
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element Judiciary
773 ## - HOST ITEM ENTRY
Main entry heading Indian Journal of Public Administration
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Put command parameter N
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-- 104108
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        Indian Institute of Public Administration Indian Institute of Public Administration 2018-07-19 Volume no: 60, Issue no: 1 AR104568 2018-07-19 2018-07-19 Articles

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