12 Questions
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?
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?
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?
Substituting their judgement for that of the public body
What is the main role of courts in protecting the rights and interests of individuals?
To effectively play their role of 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?
The court may not interfere with a decision by a state organ concerning allocation
What does the principle of legality state?
Every act of government must be justified by a specific law.
Why is the principle of legality important from the perspective of the rule of law?
It promotes the ideal governance by law.
Why do legislatures sometimes grant administrators wide discretionary powers?
To pursue the public interest.
What is the rationale behind granting administrators discretionary powers?
Discretion is needed due to mixed regulatory goals and market complexities.
Why should rigid legislative mandates be avoided?
The legislature may not foresee all eventualities.
What is required as a mechanism to control the exercise of discretionary powers?
A mechanism to control the exercise of discretionary powers is therefore required.
Learn about the principle of legality in the context of the case law involving Diana Kethi Kilonzo and the Independent Electoral Boundaries Commission. Understand how every act of government must be justified by a specific law, and how this principle is crucial for upholding the rule of law.
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