| 词条 | Padfield v Minister of Agriculture |
| 释义 |
| name = Padfield v Minister of Agriculture, Fisheries and Food | court = UK Supreme Court | image = File:Dairy Crest milk float (modified).jpg | caption = | date decided = | full name = | citations = [1968] UKHL 1, [1968] AC 997 | judges = | prior actions = | subsequent actions = | opinions = | transcripts = | keywords = Judicial review }} Padfield v Minister of Agriculture, Fisheries and Food [1968] UKHL 1 is a UK constitutional law case, concerning judicial review. FactsPadfield and other milk producers in the South East Region argued they should get more milk subsidies to reflect growing transport costs, and applied to court to compel the Minister to appoint an investigation. The Agricultural Marketing Act 1958 section 19 said a committee of the Milk Marketing Board can investigate (3)(b) ‘if the Minister so directs’ after a complaint on a scheme’s operation if it cannot be considered by a consumers’ committee, and (6) if it reports a scheme is ‘contrary to the interests of consumers of the regulated products’ or ‘any persons affected by the scheme’ and is ‘not in the public interest’ the Minister can amend the scheme, revoke it or direct the board to rectify it. There were 11 milk regions with different prices for milk, fixed depending on costs of transporting milk from producers to consumers. All milk producers had to sell their milk to the Milk Marketing Board. Differentials were fixed a few years before and transport costs had changed. The SE region argued the difference between it and the Far Western Region should be altered: this would incidentally affect other regions. Board members were elected by individual regions, so it was impossible for SE producers to get a majority for their proposals. They asked the Minister of Agriculture, Fisheries and Food (Fred Peart) to appoint a committee of investigation. He refused. They requested mandamus. JudgmentCourt of AppealDiplock LJ and Russell LJ held the Minister’s discretion could not be challenged. Lord Denning MR dissented. House of LordsThe House of Lords, reversing the Court of Appeal, held that a Minister’s discretion to refuse an investigation was subject to judicial review where a refusal would frustrate the policy of an Act. An Order should be made to direct the minister to consider the complaint. Lord Reid said: {{Cquote|the policy and objects of the Act must be determined by construing the Act as a whole, and construction is always a matter of law for the court.}}Lord Morris of Borth-y-Gest dissented See also{{Clist judicial review}}
Notes{{refs|2}}kkl.oikReferencesExternal links 1 : United Kingdom constitutional case law |
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