Prior to Tan Seet Eng, the position was a blanket approach, where high policy matters cannot be scrutinised. Tan Seet Eng**: While all branches of govt are co-equal, all are subject to the Consti. The greater the policy content of a decision, the more hesitant the court must be in holding that the decision is irrational (ex p Smith). Lord Diplock gave some concerns about judges reviewing policy-centric decisions (see notes). But court has power to examine whether decisions are made within the scope of the legal power and arrived at in a legal manner, and limited to grounds of illegality, irrationality and procedural impropriety.
Issue of whether there should be deference considered in Review Publishing and Yong Vui Kong*.