Should the United Kingdom discard the Wednesbury Unreasonableness test in the National Court and apply the Proportionality test?
Should the United Kingdom discard the Wednesbury Unreasonableness test in the National Court and apply the Proportionality test?

Summary/Abstract: Although the judgment in the British case Associated Provincial Picture Houses Ltd.Vs Wednesbury Corp was rendered seven decades ago, the case still lives on through debates on whether its central principle infringes on individual constitutional rights today. The Wednesbury unreasonable test is a standard utilized by the United Kingdom to establish if an administrative action was completely unreasonable. By reviewing verdicts where Wednesbury unreasonableness were enacted, it is argued that the courts did not apply a systematic and impartial approach as the proportionality test demands. This paper will provide a historical background of both the Wednesbury and Proportionality test while discussing the importance of judicial review. Moreover, the paper will compare both principles to prove that there is a necessity to change the test of judicial reform in the United Kingdom. This reform will also take into account the future development of the court systems within the European Union.

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