Two stage test for invalidating a law australia

[2019] (hereinafter CAAT), the Court of Appeal invalidated the UK government’s decision to grant licences for the sale of military equipment to Saudi Arabia for possible use in the conflict in Yemen.

In other places in the judgment rationality was also equated with reasonableness.The court emphasised that ‘the only legal error which is alleged to have been committed is founded on the public law doctrine of irrationality’ and that rationality refers to the decision-making process, and in our case – the duty to take into account all relevant considerations (para 57).The problem is that not taking all relevant considerations into account is a distinct, well-established ground of judicial review in public law.That, according to the court, made the decision-making process irrational and therefore illegal.The court invalidated the granting of the licenses – but allowed the Secretary of State to reconsider his decision, by taking into account the historic pattern of breaches of international humanitarian law on the part of the coalition.

Leave a Reply