“… Fulham London Borough Council [1991] 1 A.C. 521 that a test more exacting than Wednesbury (Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation [1948] 1 K.B. 223) was appropriate in this case. The Divisional Court rejected this argument and so do I. The greater the policy content of a decision, and the more remote the s…”
“…ke J. “took as a starting point” the observation of Lord Greene M.R. in the Wednesbury case (Associated Provincial Picture Houses Ltd. v Wednesbury Corporation [1948] 1 K.B. 223, at p.228) that “[if], in the statute conferring the discretion there is to be found expressly or by implication matters which the authority exercising the dis…”
“…excluded from his consideration matters that were irrelevant to what he had to consider: see Associated Provincial Picture Houses Ltd. v Wednesbury Corporation [1948] 1 K.B. 223, per Lord Greene M.R. at p. 229. Or put more compendiously, the question for the court is, did the Secretary of State ask himself the right question and take r…”