n Acta Juridica - A sliding scale of reasonableness in judicial review : country studies

Abstract

A cardinal principle that has shaped the development of judicial review is the doctrine of separation of powers. The principle of Wednesbury unreasonableness, which has been the orthodox position in judicial review for decades, is heavily influenced by this doctrine of separation of powers. Under this doctrine, there is a boundary of administrative discretion beyond which judicial supervision should not cross, even though the dividing line is often blurred and the precise boundary keeps shifting.