Kruse v Johnson

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

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. 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

, 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.
Matthew J dissented.
Chitty LJ, Wright J, Darling J, and Channell J concurred with Lord Russell CJ.