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The law strengthened the National Referral Mechanism (NRM), the UK's system for identifying and protecting victims created in 2009 in accordance with an international anti-trafficking treaty.
Subsequently, in O'Reilly v Mackman (1983) [4] the doctrine of legitimate expectation was recognized as part of judicial review in public law, allowing individuals to challenge the legality of decisions on the grounds that the decision-maker "had acted outwith the powers conferred upon it". [5]
Roughly speaking, the conduct is reasonable if some decent employers would have handled it similarly, but unreasonable if no reasonable employer would have handled it the same or the dismissal was not based on an honest and genuine decision on reasonable grounds. [9] The tribunal cannot take account of industrial pressure to sack somebody. [10]
On appeal, the Supreme Court of Canada reversed this decision. It held that procedural fairness required the decision-maker to consider the human rights of Baker's children. Children's human rights are outlined in the international Convention on the Rights of the Child. The Supreme Court said that decision-makers must be "reasonable".
The court accepted that "[t]he more substantial the interference with human rights, the more the court will require by way of justification before it is satisfied that the decision is reasonable". This is as long as the decision remains within the range of responses open to a reasonable decision-maker. [26]
Associated Provincial Picture Houses Ltd. v Wednesbury Corporation [1948] 1 KB 223 [1] is an English law case that sets out the standard of unreasonableness in the decision of a public body, which would make it liable to be quashed on judicial review, known as Wednesbury unreasonableness.
When applying the correctness standard, a reviewing court will not show deference to the decision maker’s reasoning process; it will rather undertake its own analysis of the question. The analysis will bring the court to decide whether it agrees with the determination of the decision maker; if not, the court will substitute its own view and ...
R v Mann is a 2004 decision of the Supreme Court of Canada.. The court held that although there is no general power of detention for investigative purposes, police officers may detain an individual if there are reasonable grounds to suspect in all the circumstances that the individual is connected to a particular crime and that the detention is reasonably necessary on an objective view of the ...