“…The Divisional Court considered R v Ministry of Defence ex parte Smith [1996] QB 517 in relation to the intensity of review in a human rights context but held that there was in this case no human rights context. This was because any fundamental…”
“…This approach was followed in later cases and in particular in ex parte Smith [1996] QB 517 at page 554E-F where Sir Thomas Bingham MR set out the following approach to a rationality challenge:…”