Procedural Fairness in the Privy Council: Themes and Reflections

Abstract

ordinary principles judicial review many the courts fi ne themselves to a review of the lawfulness of administrative decision-making, rather than an appeal against its substantive merits. Irrationality and Wednesbury unreasonable-ness are stern tests. They are by no means satis fi ed merely because the court thinks that it would have reached a di ff erent decision … By contrast, where procedural unfairness is alleged, the court is the fi nal arbiter of what is, or is not, fair. This is because a decision made by a process which is in fact procedurally unfair is for that very reason unlawful. Thus it is necessary for the court to be satis fi ed that an allegation of unfairness falls squarely within the true boundaries of procedural unfairness, if its dominion over the answer to the unfairness question is not to lead it into an inappropriate role as the fi nal arbiter of an appeal on the merits of administrative action .