Illegality and Unlawful Delegation of Discretion in Legal Cases
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Questions and Answers

What was the outcome in the case of Barnard v National Dock Labour Board regarding the delegation of disciplinary powers?

  • The power delegated to the Port Manager was found to be appropriate.
  • The delegation of disciplinary powers to the Port Manager was held to be unlawful. (correct)
  • The delegation of disciplinary powers was deemed unnecessary.
  • The delegation of disciplinary powers to the Port Manager was considered lawful.
  • According to Carltona Ltd v Commissioners of Works, who are constitutionally responsible for multifarious functions in the administration of government?

  • Dock workers
  • Local Dock Labour Boards
  • Ministers (correct)
  • Port Managers
  • What is one of the consequences of illegality by abusing discretionary power?

  • Increased governmental efficiency
  • Approval from the Local Dock Labour Boards
  • Unlawful delegation of discretion (correct)
  • Lawful delegation of discretion
  • In the context of the text provided, what was Lord Greene MR's stance on ministerial functions?

    <p>Ministers have multifarious functions that require delegation.</p> Signup and view all the answers

    What issue did Carltona Ltd v Commissioners of Works address?

    <p>Delegation of functions to ministers in government administration</p> Signup and view all the answers

    How was the Port Manager involved in the case of Barnard v National Dock Labour Board?

    <p>Unlawfully delegated disciplinary powers</p> Signup and view all the answers

    What is a key aspect to avoid illegality by abusing discretionary power?

    <p>Fettering discretion</p> Signup and view all the answers

    In the context of decision-making, what may lead to illegality by abusing discretionary power?

    <p>Allowing irrelevant considerations to influence the decision</p> Signup and view all the answers

    What is an example of lawful delegation of discretion?

    <p>Ensuring relevant factors are considered by decision-makers</p> Signup and view all the answers

    What should decision-makers do to avoid illegality by abusing discretionary power?

    <p>Ensure relevant considerations are taken into account</p> Signup and view all the answers

    What could be a consequence of fettering discretion in decision-making?

    <p>Not allowing relevant considerations to influence the decision</p> Signup and view all the answers

    How can decision-makers ensure they are not abusing discretionary power?

    <p>By ensuring relevant considerations are considered</p> Signup and view all the answers

    What must a decision-maker do when exercising a discretion according to the text?

    <p>Have regard to relevant matters and disregard irrelevant matters</p> Signup and view all the answers

    In granting planning permission under the Town and Country Planning Act 1990, what must the local authority have regard to?

    <p>The development plan and material considerations</p> Signup and view all the answers

    What was the issue in Roberts v Hopwood (1925) related to the payment of salaries and wages by Poplar Borough Council?

    <p>They paid equal wages to male and female employees</p> Signup and view all the answers

    In Roberts v Hopwood (1925), what action did the district auditor take against councillors who voted for excessive payments?

    <p>Surcharged them for the excessive payments</p> Signup and view all the answers

    In what instance would the task of identifying relevant/irrelevant considerations be more difficult according to the text?

    <p>When no guidance is provided by the statute</p> Signup and view all the answers

    What does the Town and Country Planning Act 1990 require a local authority to consider when deciding on planning permission?

    <p>The development plan and other material considerations</p> Signup and view all the answers

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