| 释义 |
Wednesbury, n. Law.|ˈwɛnzb(ə)rɪ|
[f. the name of the Wednesbury Corporation, defendant in the case of Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation (1948, King's Bench I. 223), on the judgment of which case the principle is based.]
Used attrib. to designate the principle established in English law by the Wednesbury case that if a decision by a public authority should be deemed such that it could not have been reached by a reasonable authority, then it may be submitted for judicial review. Similarly Wednesbury test (by which unreasonableness is determined according to this principle), etc. Also adverbially, esp. as Wednesbury unreasonable.
1968S. A. de Smith Judicial Rev. Admin. Action (ed. 2) vi. 337 The Wednesbury test of unreasonableness. 1972All England Law Rep. I. 1195 The four matters..which counsel relied on as showing that the Wednesbury test, if applied to this case, ought to result in prohibition being granted. 1977H. W. R. Wade Admin. Law (ed. 4) xii. 385 Of none of these different courses could it be said that it was ‘manifestly unjust’ or ‘could find no justification in the minds of reasonable men’ within the Wednesbury test previously explained. 1985R. J. F. Gordon Judicial Rev. x. 108 Applicants seeking to attack, under the Wednesbury principle, a conviction or sentence should be particularly careful to explore the possibility of an appeal instead of (or before) proceedings for judicial review. 1988Times 21 Nov. 30/6 The Divisional Court held that..it was Wednesbury unreasonable. 1991Times 4 June 33/3 Refusal of leave..was based on some error of principle or was unreasonable in the Wednesbury sense. |