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  2. Consider whether this high threshold is enough to mitigate criticism about the constitutional issues raised by the merits review nature of irrationality as a ground for review.

Consider whether this high threshold is enough to mitigate criticism about the constitutional issues raised by the merits review nature of irrationality as a ground for review.

In the judgement of R v Secretary of State for the Homedepartment, Ex parte Hindley [1998] 2 W.L.R. 505, Lord Bingham of Cornhill C.J. stated that “The threshold of irrationality for purposes of judicial review is a high one. This is because responsibility for making the relevant decision rests with another party and not with the court”.

With reference to case law and academic discussion, Consider whether this high threshold is enough to mitigate criticism about the constitutional issues raised by the merits review nature of irrationality as a ground for review.


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