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. (C)</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 (A)</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 (D)</p> Signup and view all the answers

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

<p>Fettering discretion (D)</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 (C)</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 (C)</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 (A)</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 (A)</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 (D)</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 (A)</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 (D)</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 (D)</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 (B)</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 (D)</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 (C)</p> Signup and view all the answers

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