Podcast
Questions and Answers
What is the doctrine that states a person or body can only do things authorized by statute?
What is the doctrine that states a person or body can only do things authorized by statute?
Ultra vires doctrine
According to the Wednesbury unreasonableness doctrine, when can the courts interfere with a decision?
According to the Wednesbury unreasonableness doctrine, when can the courts interfere with a decision?
If the decision is so unreasonable that no reasonable authority could ever come to it
What are some examples of administrative sins that would be covered by the notion of unreasonableness?
What are some examples of administrative sins that would be covered by the notion of unreasonableness?
Bad faith, dishonesty, attention given to extraneous circumstances, disregard of public policy, wrong attention to irrelevant considerations, and failure to consider relevant matters
According to the separation of powers doctrine, what should the courts avoid doing when discretionary powers are assigned to public bodies?
According to the separation of powers doctrine, what should the courts avoid doing when discretionary powers are assigned to public bodies?
What is the main role of courts in protecting the rights and interests of individuals?
What is the main role of courts in protecting the rights and interests of individuals?
Under Article 20(5)(c) of the CoK, when may the court, tribunal, or other authority interfere with a decision by a state organ?
Under Article 20(5)(c) of the CoK, when may the court, tribunal, or other authority interfere with a decision by a state organ?
What does the principle of legality state?
What does the principle of legality state?
Why is the principle of legality important from the perspective of the rule of law?
Why is the principle of legality important from the perspective of the rule of law?
Why do legislatures sometimes grant administrators wide discretionary powers?
Why do legislatures sometimes grant administrators wide discretionary powers?
What is the rationale behind granting administrators discretionary powers?
What is the rationale behind granting administrators discretionary powers?
Why should rigid legislative mandates be avoided?
Why should rigid legislative mandates be avoided?
What is required as a mechanism to control the exercise of discretionary powers?
What is required as a mechanism to control the exercise of discretionary powers?
