Understanding Illegality and Unlawful Delegation in Legal Context
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Questions and Answers

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?

  • 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  • A rule evolves from policies that are no longer applicable.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?

  • 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'?

    <p>To restrict or limit one's discretion unlawfully.</p> Signup and view all the answers

    How should an authority handle new arguments according to Lord Reid?

    <p>They must always be willing to listen to anyone with something new to say.</p> Signup and view all the answers

    What is the significance of making up one's own mind in the context of exercising discretion?

    <p>It allows for independent decision-making without being bound by external influences.</p> Signup and view all the answers

    How does Lord Reid view the evolution of precise policies within large authorities?

    <p>He sees it as a positive aspect that enhances discretion.</p> Signup and view all the answers

    What would be considered an objectionable situation in the context of handling applications?

    <p>'Fettering discretion' by refusing to listen at all.</p> Signup and view all the answers

    What was the outcome of the delegation of disciplinary powers to the Port Manager in Barnard v National Dock Labour Board (1953)?

    <p>The delegation was held to be an unlawful delegation of power.</p> Signup and view all the answers

    In the case of Carltona Ltd v Commissioners of Works, what did Lord Greene MR emphasize regarding the functions given to ministers?

    <p>Ministers are constitutionally responsible for multifarious functions.</p> Signup and view all the answers

    What is considered an example of unlawful delegation of discretion in the context of governance?

    <p>Delegating a minister's personal duties to a lower-level official without proper authority.</p> Signup and view all the answers

    What was the key reason for considering the delegation in Carltona Ltd v Commissioners of Works lawful?

    <p>The functions delegated were routine and administrative in nature.</p> Signup and view all the answers

    What did Lord Reid suggest is crucial when exercising discretionary powers in large governmental bodies?

    <p>Allowing for flexibility within the authority's framework.</p> Signup and view all the answers

    In what circumstance would a delegation of powers by a statutory body be deemed illegal?

    <p>When the powers delegated exceed the statutory authority.</p> Signup and view all the answers

    What distinguishes lawful from unlawful delegation of discretion?

    <p>Whether the delegation complies with statutory authority.</p> Signup and view all the answers

    According to legal principles, what makes a delegation of powers 'lawful'?

    <p>'Lawful' implies that powers are delegated in compliance with established rules and regulations.</p> Signup and view all the answers

    'Illegality by abusing discretionary power' refers to:

    <p>'Illegality by abusing discretionary power' involves excessive delegation beyond one's authority.</p> Signup and view all the answers

    What distinguishes lawful from unlawful delegation of discretion?

    <p>Whether or not the delegation aligns with established legal guidelines</p> Signup and view all the answers

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