Kruse v. Johnson
Rule established
Bye-laws and subordinate legislation are presumed valid and will not be struck down unless they are manifestly unreasonable, partial or unequal in operation, repugnant to the general law, or ultra vires the parent statute.
Facts
- Kent County Council passed a bye-law restricting public music near dwelling houses
- Johnson was convicted of playing music in breach of the bye-law
- Johnson argued the bye-law was unreasonable and therefore invalid
Issue
- What is the standard for challenging the validity of subordinate legislation (bye-laws)?
Held
- Lord Russell CJ: bye-laws should be "benevolently" interpreted and supported if possible
- Presumption of validity applies to subordinate legislation made by elected/authorised bodies
- Four grounds of invalidity: manifestly unreasonable; partial/unequal; repugnant to law; ultra vires
- Mere unwisdom or inconvenience is not enough to invalidate
- Bye-law upheld
Ratio Decidendi
Bye-laws and subordinate legislation carry a presumption of validity. Courts will not substitute their judgment for that of the empowered authority. Invalidity is established only where the regulation is manifestly unreasonable, partial and unequal in operation, repugnant to the general law, or beyond the powers conferred by the parent statute.
How to use it in an exam
- Leading English authority on validity of subordinate legislation
- Four-ground test is quotable for Part B
- Key line: "In Kruse v. Johnson (1898), the court held that bye-laws enjoy a presumption of validity and will be struck down only if manifestly unreasonable, partial, repugnant to general law, or ultra vires."
Source
Source: [1898] 2 QB 91
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.
Cited in study notes
Interpretation of StatutesSubordinate Legislation Retrospective Substantive ProceduralFour-ground test for validity of subordinate legislation