Abstract
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Wednesbury principle is one of the most important and useful grounds of the Judicial Review. Judicial review is a remedy provided by the public law and is exercised by the superior and higher courts to supervise administrative authorities' powers and functions. The main objective of the judicial review is to ensure the fair and transparent treatment of individuals by public authorities. The ground of the judicial review, i.e., Unreasonableness or irrationality or popularly known as Wednesbury Unreasonableness was introduced by lord Greene in the Wednesbury Corporation case in 1948. Initially, the scope of this ground of judicial review was very narrow and was allowed only in rare cases. However, with the development of administrative law and Human rights, it also developed. Its development resulted in different controversies and issues about the application of this ground. The main issue is about its encroachment in the jurisdiction of other branches of the government i.e., the parliament and executive. The free and loose application of this principle results in confusion and conflict between different organs of the government. The present paper is based on the implications of the limitations on the ground of Wednesbury Unreasonableness both on the judicial and administrative bodies in Pakistan to avoid the chaos and confusion that results in the criticisms on this ground of judicial review. |
Keywords
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Administrative Authorities, Critical Analysis, Illegality, Judicial Review, Pakistan, Wednesbury Unreasonableness |
Article
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Article # 73
Volume # 2
Issue # 4
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DOI info
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DOI Number: 10.47205/jdss.2021(2-IV)73
DOI Link: http://doi.org/10.47205/jdss.2021(2-IV)73
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