Tag: discretion
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Dane Luo: Security, the Sussexes and Sir Geoffrey’s Judgments on the Duty to Follow Policies
Public authorities are imbued with statutory and prerogative powers. And every now and then, they publish a policy setting out how they will exercise those powers. Policies must not be so rigid that they amount to a fetter on the discretion of decision-makers. But provided there is ample flexibility so as not to fetter, then…
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Sonia Anaid Cruz Dávila: Between Arbitrary & Justifiable Discretion: What Does It Tell Us About the Constitutionality of Populism?
With the upcoming presidential elections in the United States, fears that Donald Trump may return to the White House have reinforced the ongoing academic debate about the possible dangers of populism. Given the enormous amount of scholarly literature on the topic, however, it may not always be clear what the distinctive contribution of constitutional lawyers and theorists may…
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Jason Varuhas: Judicial Review beyond Administrative Law: Braganza v BP Shipping Ltd and Review of Contractual Discretions
Judicial supervision of decision-making powers is often associated with administrative law. However courts also review the exercise of discretions in other fields. For example courts review powers exercised by trustees, and indeed much of equity might be characterised as a law of administration. Our focus here will be the legal principles sourced in the law…