Podcast
Questions and Answers
What is the general rule regarding exercising a statutory discretion?
What is the general rule regarding exercising a statutory discretion?
- An officer should refuse to listen to any argument presented.
- A Ministry can establish policies that do not allow for any new arguments.
- An authority must not shut its ears to applications. (correct)
- A policy is deemed equivalent to a rule.
According to Lord Reid, what is the difference between a policy and a rule?
According to Lord Reid, what is the difference between a policy and a rule?
- A policy allows changes based on substantial arguments, while a rule does not. (correct)
- There is no difference between a policy and a rule.
- A policy must always be flexible, while a rule is rigid.
- A rule evolves from policies that are no longer applicable.
In the case of R v Waltham Forest London Borough Council, ex p Baxter (1988), what did the Court of Appeal determine regarding voting on a resolution?
In the case of R v Waltham Forest London Borough Council, ex p Baxter (1988), what did the Court of Appeal determine regarding voting on a resolution?
- Councilors should only vote after fully delegating their discretion to the party.
- Councilors should always vote in accordance with party policy.
- Councilors must make up their own minds and not blindly follow party policy. (correct)
- Councilors should blindly vote without considering their discretion.
What does it mean to 'fetter discretion'?
What does it mean to 'fetter discretion'?
How should an authority handle new arguments according to Lord Reid?
How should an authority handle new arguments according to Lord Reid?
What is the significance of making up one's own mind in the context of exercising discretion?
What is the significance of making up one's own mind in the context of exercising discretion?
How does Lord Reid view the evolution of precise policies within large authorities?
How does Lord Reid view the evolution of precise policies within large authorities?
What would be considered an objectionable situation in the context of handling applications?
What would be considered an objectionable situation in the context of handling applications?
What was the outcome of the delegation of disciplinary powers to the Port Manager in Barnard v National Dock Labour Board (1953)?
What was the outcome of the delegation of disciplinary powers to the Port Manager in Barnard v National Dock Labour Board (1953)?
In the case of Carltona Ltd v Commissioners of Works, what did Lord Greene MR emphasize regarding the functions given to ministers?
In the case of Carltona Ltd v Commissioners of Works, what did Lord Greene MR emphasize regarding the functions given to ministers?
What is considered an example of unlawful delegation of discretion in the context of governance?
What is considered an example of unlawful delegation of discretion in the context of governance?
What was the key reason for considering the delegation in Carltona Ltd v Commissioners of Works lawful?
What was the key reason for considering the delegation in Carltona Ltd v Commissioners of Works lawful?
What did Lord Reid suggest is crucial when exercising discretionary powers in large governmental bodies?
What did Lord Reid suggest is crucial when exercising discretionary powers in large governmental bodies?
In what circumstance would a delegation of powers by a statutory body be deemed illegal?
In what circumstance would a delegation of powers by a statutory body be deemed illegal?
What distinguishes lawful from unlawful delegation of discretion?
What distinguishes lawful from unlawful delegation of discretion?
According to legal principles, what makes a delegation of powers 'lawful'?
According to legal principles, what makes a delegation of powers 'lawful'?
'Illegality by abusing discretionary power' refers to:
'Illegality by abusing discretionary power' refers to:
What distinguishes lawful from unlawful delegation of discretion?
What distinguishes lawful from unlawful delegation of discretion?
