dating site self summary help - Two stage test for invalidating a law australia

At the core of its reasoning, the court equated rationality with the duty to take into account all relevant considerations.

two stage test for invalidating a law australia-4

The court emphasised that ‘the only legal error which is alleged to have been committed is founded on the public law doctrine of irrationality’ and that rationality refers to the decision-making process, and in our case – the duty to take into account all relevant considerations (para 57).

The problem is that not taking all relevant considerations into account is a distinct, well-established ground of judicial review in public law.

Equating this ground of review with ‘rationality’ adds nothing to our understanding of that ground of review.

It also means that rationality review has no distinct meaning in UK public law.

[2019] (hereinafter CAAT), the Court of Appeal invalidated the UK government’s decision to grant licences for the sale of military equipment to Saudi Arabia for possible use in the conflict in Yemen.

The court found that the government had violated Article 2.2 of the EU Common Council Position 2008/944/CGSP, as adopted in the Secretary of State’s 2014 Guidance.Article 2.2 compels Member States to deny a licence for the sale of military equipment to other states if there is a clear risk that this equipment might be used ‘in the commission of serious violations of international humanitarian law’.In 2015 a coalition of nine states led by Saudi Arabia commenced military operations against the Houthis in Yemen.The court repeatedly held that it was irrational to not take into account the historic pattern of breaches of international humanitarian law on the part of the coalition while making the decision about granting the licenses (paras 35, 57-59, 62, 139, 144, 145, 153).The court relied on (1977) that established the proposition that a public body has a duty to carry out a sufficient inquiry prior to making its decision.With respect, arguing that it is unreasonable or irrational to not take all relevant considerations into account is conceptually confusing and in fact misguided.

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