Meadows v MJELR IESC 3.pdf - European Database of Asylum Law

3disregard fundamental reason or common sense in reaching hisdecision.'I am satisfied that these three different methods of expressing thecircumstances under which a court can intervene are not in any wayinconsistent one with the other, but rather complement each other andconstitute not only a correct but a comprehensive description of thecircumstances under which a court may, according to our law, intervene insuch a decision on the basis of unreasonableness or irrationality."5. Finlay C.J. went on to point out that the circumstances in which a court mayintervene on the basis of irrationality are limited and rare. He stated that a court cannotinterfere with a decision-making authority merely on the grounds that it is satisfied on thefacts that it would have raised different inferences and conclusions, or that it is satisfiedthat the case against the decision was stronger than the case for it.6. There are two other important factors in his analysis: (a) the nature of thedecision-maker, and (b) the burden of proof. As regards the nature of the decision-maker,Finlay C.J. stated, at pp.71 to 72:-"Under the provisions of the Planning Acts the legislature has unequivocallyand firmly placed questions of planning, questions of the balance betweendevelopment and the environment and the proper convenience and amenitiesof an area within the jurisdiction of the planning authorities and the Boardwhich are expected to have special skill, competence and experience inplanning questions. The court is not vested with that jurisdiction, nor is itexpected to, nor can it, exercise discretion with regard to planning matters."In O’Keeffe v. An Bord Pleanála the decisions under review were those madeby An Bord Pleanála and related to planning matters, an area of special skill andcompetence.7. In O'Keeffe v. An Bord Pleanála, there were three important matters forconsideration and application:-a) An analysis to determine if the decision in issue was fundamentally atvariance with reason and common sense.b) An analysis of the nature of the decision maker.