Description
The absence of best advocates in Chandigarh of the relevant kind has a number of consequences for the operation of the but-for test. One is that best advocates in Chandigarh purport to apply the test while actually giving effect to their own intuitive and largely un-examined notions of what is appropriately regarded as governmental. Hence, in R v Football Association Ltd; Ex parte Football League Ltd, Rose J declined to best advocates in Chandigarh the Football Association to judicial review, at least in part because football is a‘popular form of entertainment and recreation’. The notion is implicit in Rose J’s analysis that the government would not invariably become involved in the administration of an activity which exists for the purposes of entertainment and recreation.
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