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Wednesbury Unreasonableness
''Associated Provincial Picture Houses Ltd. v Wednesbury Corporation'' 9481 KB 223 is an English law case that sets out the standard of unreasonableness in the decision of a public body, which would make it liable to be quashed on judicial review, known as ''Wednesbury'' unreasonableness. The court gave three conditions on which it would intervene to correct a bad administrative decision, including on grounds of its unreasonableness in the special sense later articulated in ''Council of Civil Service Unions v Minister for the Civil Service'' by Lord Diplock: Facts In 1947, Associated Provincial Picture Houses was granted a licence by the Wednesbury Corporation in Staffordshire to operate a cinema, on condition that no children under 15, whether accompanied by an adult or not, were admitted on Sundays. Under the Cinematograph Act 1909, cinemas could be open from Mondays to Saturdays but not on Sundays, and under a regulation, the commanding officer of military forces station ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lady Chief Justice and the Master of the Rolls respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. Its decisions are binding on all courts, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Borough
A borough is an administrative division in various English language, English-speaking countries. In principle, the term ''borough'' designates a self-governing walled town, although in practice, official use of the term varies widely. History In the Middle Ages, boroughs were settlements in England that were granted some self-government; burghs were the Scottish equivalent. In medieval England, boroughs were also entitled to elect members of Parliament of England, parliament. The use of the word ''borough'' probably derives from the burghal system of Alfred the Great. Alfred set up a system of defensive strong points (Burhs); in order to maintain these particular settlements, he granted them a degree of autonomy. After the Norman Conquest, when certain towns were granted self-governance, the concept of the burh/borough seems to have been reused to mean a self-governing settlement. The concept of the borough has been used repeatedly (and often differently) throughout the world. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1947 In England
It was the first year of the Cold War, which would last until 1991, ending with the dissolution of the Soviet Union. Events January * January–February – Winter of 1946–47 in the United Kingdom: The worst snowfall in the country in the 20th century causes extensive disruption of travel. Given the low ratio of private vehicle ownership at the time, it is mainly remembered in terms of its effects on the railway network. * January 1 – The ''Canadian Citizenship Act, 1946, Canadian Citizenship Act'' comes into effect, providing a Canadian citizenship separate from British law. * January 4 – First issue of weekly magazine ''Der Spiegel'' published in Hanover, Germany, edited by Rudolf Augstein. * January 10 – The United Nations adopts a resolution to take control of the free city of Trieste. * January 15 – Elizabeth Short, an aspiring actress nicknamed the "Black Dahlia", is found brutally murdered in a vacant lot in Los Angeles; the mysterious case is never solv ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wednesbury Unreasonableness In Singapore Law
''Wednesbury'' unreasonableness is a ground of judicial review#Judicial review of administrative acts, judicial review in Singapore administrative law in Singapore, administrative law. A governmental decision that is ''Wednesbury''-unreasonable may be wikt:quash#Verb, quashed by the High Court of Singapore, High Court. This type of unreasonableness of public body decisions was laid down in the English case of ''Associated Provincial Picture Houses v Wednesbury Corporation, Associated Provincial Picture Houses v. Wednesbury Corporation'' (1947), where it was said that a public authority acts unreasonably when a decision it makes is "so absurd that no sensible person could ever dream that it lay within the powers of the authority". ''Wednesbury'' unreasonableness was subsequently equated with irrationality by the judicial functions of the House of Lords, House of Lords in ''Council of Civil Service Unions v Minister for the Civil Service, Council of Civil Service Unions v. Minist ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Smith & Fawcett
''Re Smith and Fawcett Ltd.'' 942Ch 304 is a UK company law case, concerning the meaning of "the interests of the company". It is relevant for the provisions of company law now embodied in Companies Act 2006, section 172. Facts Article 10 of the company's constitution said that directors could refuse to register share transfers. Mr. Fawcett, one of the two directors and shareholders, had died. Mr. Smith co-opted another director and refused to register a transfer of shares to the late Mr. Fawcett’s executors. Half the shares were bought, and the other half offered to the executors. Judgment Lord Greene MR said: See also *Business judgment rule The business judgment rule is a case-law-derived doctrine in corporations law that courts defer to the business judgment of corporate executives. It is rooted in the principle that the "directors of a corporation ... are clothed with hepresump ... *'' Australian Securities and Investments Commission v Rich'' 009NSWSC 1229 {{DEF ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equity (law)
In the field of jurisprudence, equity is the particular body of law, developed in the English Court of Chancery, with the general purpose of providing legal remedies for cases wherein the common law is inflexible and cannot fairly resolve the disputed legal matter. Conceptually, equity was part of the historical origins of the system of common law of England, yet is a field of law separate from common law, because equity has its own unique rules and principles, and was administered by courts of equity. Equity exists in domestic law, both in civil law and in common law systems, as well as in international law. The tradition of equity begins in antiquity with the writings of Aristotle (''epieikeia'') and with Roman law ('' aequitas''). Later, in civil law systems, equity was integrated in the legal rules, while in common law systems it became an independent body of law. Equity in common law jurisdictions (general) In jurisdictions following the English common law syste ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Due Process
Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically or mentally. The term is not used in contemporary ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chevron U
Chevron (often relating to V-shaped patterns) may refer to: Science and technology * Chevron (aerospace), sawtooth patterns on some jet engines * Chevron (anatomy), a bone * '' Eulithis testata'', a moth * Chevron (geology), a fold in rock layers * Chevron (land form), a sediment deposit across the Earth's surface * Chevron nail, a rare transient fingernail ridge pattern seen in children * Chevron plot, a way of representing data Organisations * '' The Chevron'', former newspaper at the University of Waterloo, Ontario, Canada * Chevron Corporation, an American multinational energy corporation ** '' Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.'', 467 U.S. 837 (1984), a United States Supreme Court case dealing with administrative law * Chevron Cars Ltd, a British racing car constructor * Chevron Engineering Ltd, a New Zealand car maker People * Philip Chevron (1957–2013), Irish singer/songwriter * The Chevrons, an American pop group Places * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patently Unreasonable
In Canadian law, patently unreasonable or the ''patent unreasonableness test'' was a standard of review used by a court when performing judicial review of administrative decisions. It was the highest of three standards of review: correctness, unreasonableness, and patent unreasonableness. Although the term "patent unreasonableness" lacked a precise definition in the common law, it was somewhere above unreasonableness, and consequently it was relatively difficult to show that a decision was patently unreasonable. A simple example of a patently unreasonable decision may be one that does not accord at all with the facts or law before it, or one that completely misstates a legal test. By a decision issued on March 7, 2008, this test was removed from the law by the Supreme Court of Canada in ''Dunsmuir v New Brunswick as represented by Board of Management'' . In '' Toronto (City) Board of Education v. O.S.S.T.F., District 15'', 9971 S.C.R. 487, at paras. 41–48, the majority of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC) is the final court of appeal for all civil cases in the United Kingdom and all criminal cases originating in England, Wales and Northern Ireland, as well as some limited criminal cases from Scotland. Otherwise, the Court of Session is the Supreme court, supreme Civil law (common law), civil court of Scotland, and the High Court of Justiciary is the Supreme court, supreme Criminal justice, criminal court, and are collectively known as the Supreme Courts of Scotland. As the United Kingdom's highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population. Additionally the Supreme Court hears cases on Devolution in the United Kingdom, devolution matters from Scotland, Wales and Northern Ireland. As a consequence, the court must include judges from the three distinct legal systems of the United Kingdom – English law, England and Wales, Scots law, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Court Of Human Rights
The European Court of Human Rights (ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the convention or its optional protocols to which a member state is a party. The court is based in Strasbourg, France. The court was established in 1959 and decided its first case in 1960 in ''Lawless v. Ireland''. An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its member states of the Council of Europe, 46 member states are contracting parties to the convention. The court's primary means of judicial interpretation is the living instrument doctrine, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
