Kruse v Johnson 2 QB 91 is a UK administrative law case, concerning the judicial review of decisions by public bodies. It is notable as Lord Russell CJ established the principle that if a measure were to indirectly discriminate between classes, it could be declared void. According to him, if rules under authority of an Act of Parliament,
Facts Kent County Council made a bylaw, under authority of the Local Government Act 1888 section 16, that nobody, after being requested to stop by a constable, could play music or sing within 50 yards of a dwelling house in a public place or highway."No person shall sound or play upon any musical or noisy instrument or sing in any public place or highway within fifty yards of any dwelling-house after being required by any constable, or by an inmate of such house personally, or by his or her servant, to desist." The claimant had been singing a hymn within 50 yards of a dwelling house, and had refused to stop after a constable had told him to do so. He was given a penalty, and sought judicial review to declare that the bylaw was void.
Judgment Lord Russell CJ, giving the court's leading judgment, held the bylaw was valid on the ground that it was not unreasonable, because it did not have a discriminatory impact on the population. He said the following. 2 QB 91, 98-100
Matthew J dissented.
Chitty LJ, Wright J, Darling J, and Channell J concurred with Lord Russell CJ.
See also UK administrative law UK constitutional law Equality Act 2010 Matadeen v Pointu UKPC 9 Code of Criminal Procedure of Bangladesh Civil Rights Cases 109 US 3 (1883)
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