... a discretionary power is used in an 'unreasonable' manner.3 The crux of the complaint is that the decision concluded on the facts is so 'unreasonable' that it essentially has been taken by the respondent in a capacity not intended by the enabling legislation and therefore cannot be sustained. Thus the threshold of intervention is reached when the court considers the decision to be 'unreasonable'. The aim of this essay is to answer the question of whether the threshold of intervention should vary depending on the subject matter of the decision. For example, should it be higher in cases of national security and lower where breaches of human rights are involved? Firstly, it is necessary to examine the current situation with respect to Irish case law and the more unequivocal English case law from which it derives. Having done so I will look at the various arguments given for and against varying ...

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