18 Questions
What is the general rule regarding exercising a statutory discretion?
An authority must not shut its ears to applications.
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.
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 must make up their own minds and not blindly follow party policy.
What does it mean to 'fetter discretion'?
To restrict or limit one's discretion unlawfully.
How should an authority handle new arguments according to Lord Reid?
They must always be willing to listen to anyone with something new to say.
What is the significance of making up one's own mind in the context of exercising discretion?
It allows for independent decision-making without being bound by external influences.
How does Lord Reid view the evolution of precise policies within large authorities?
He sees it as a positive aspect that enhances discretion.
What would be considered an objectionable situation in the context of handling applications?
'Fettering discretion' by refusing to listen at all.
What was the outcome of the delegation of disciplinary powers to the Port Manager in Barnard v National Dock Labour Board (1953)?
The delegation was held to be an unlawful delegation of power.
In the case of Carltona Ltd v Commissioners of Works, what did Lord Greene MR emphasize regarding the functions given to ministers?
Ministers are constitutionally responsible for multifarious functions.
What is considered an example of unlawful delegation of discretion in the context of governance?
Delegating a minister's personal duties to a lower-level official without proper authority.
What was the key reason for considering the delegation in Carltona Ltd v Commissioners of Works lawful?
The functions delegated were routine and administrative in nature.
What did Lord Reid suggest is crucial when exercising discretionary powers in large governmental bodies?
Allowing for flexibility within the authority's framework.
In what circumstance would a delegation of powers by a statutory body be deemed illegal?
When the powers delegated exceed the statutory authority.
What distinguishes lawful from unlawful delegation of discretion?
Whether the delegation complies with statutory authority.
According to legal principles, what makes a delegation of powers 'lawful'?
'Lawful' implies that powers are delegated in compliance with established rules and regulations.
'Illegality by abusing discretionary power' refers to:
'Illegality by abusing discretionary power' involves excessive delegation beyond one's authority.
What distinguishes lawful from unlawful delegation of discretion?
Whether or not the delegation aligns with established legal guidelines
This quiz explores the concepts of illegality and unlawful delegation of discretion in a legal setting, using examples like the Barnard v National Dock Labour Board case. Test your knowledge on these important legal principles.
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