18 Questions
What was the outcome in the case of Barnard v National Dock Labour Board regarding the delegation of disciplinary powers?
The delegation of disciplinary powers to the Port Manager was held to be unlawful.
According to Carltona Ltd v Commissioners of Works, who are constitutionally responsible for multifarious functions in the administration of government?
Ministers
What is one of the consequences of illegality by abusing discretionary power?
Unlawful delegation of discretion
In the context of the text provided, what was Lord Greene MR's stance on ministerial functions?
Ministers have multifarious functions that require delegation.
What issue did Carltona Ltd v Commissioners of Works address?
Delegation of functions to ministers in government administration
How was the Port Manager involved in the case of Barnard v National Dock Labour Board?
Unlawfully delegated disciplinary powers
What is a key aspect to avoid illegality by abusing discretionary power?
Fettering discretion
In the context of decision-making, what may lead to illegality by abusing discretionary power?
Allowing irrelevant considerations to influence the decision
What is an example of lawful delegation of discretion?
Ensuring relevant factors are considered by decision-makers
What should decision-makers do to avoid illegality by abusing discretionary power?
Ensure relevant considerations are taken into account
What could be a consequence of fettering discretion in decision-making?
Not allowing relevant considerations to influence the decision
How can decision-makers ensure they are not abusing discretionary power?
By ensuring relevant considerations are considered
What must a decision-maker do when exercising a discretion according to the text?
Have regard to relevant matters and disregard irrelevant matters
In granting planning permission under the Town and Country Planning Act 1990, what must the local authority have regard to?
The development plan and material considerations
What was the issue in Roberts v Hopwood (1925) related to the payment of salaries and wages by Poplar Borough Council?
They paid equal wages to male and female employees
In Roberts v Hopwood (1925), what action did the district auditor take against councillors who voted for excessive payments?
Surcharged them for the excessive payments
In what instance would the task of identifying relevant/irrelevant considerations be more difficult according to the text?
When no guidance is provided by the statute
What does the Town and Country Planning Act 1990 require a local authority to consider when deciding on planning permission?
The development plan and other material considerations
Explore the concepts of illegality and unlawful delegation of discretion through legal cases such as Barnard v National Dock Labour Board (1953). Understand the implications of abusing discretionary power in decision-making processes.
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