Understanding Illegality and Unlawful Delegation in Legal Context

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A rule evolves from policies that are no longer applicable.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

To restrict or limit one's discretion unlawfully. (D) Signup and view all the answers

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. (B) Signup and view all the answers

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. (D) Signup and view all the answers

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

He sees it as a positive aspect that enhances discretion. (C) Signup and view all the answers

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

'Fettering discretion' by refusing to listen at all. (C) 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)?

The delegation was held to be an unlawful delegation of power. (D) 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?

Ministers are constitutionally responsible for multifarious functions. (D) Signup and view all the answers

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. (B) Signup and view all the answers

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. (D) Signup and view all the answers

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

Allowing for flexibility within the authority's framework. (A) Signup and view all the answers

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

When the powers delegated exceed the statutory authority. (D) Signup and view all the answers

What distinguishes lawful from unlawful delegation of discretion?

Whether the delegation complies with statutory authority. (B) Signup and view all the answers

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

'Lawful' implies that powers are delegated in compliance with established rules and regulations. (C) Signup and view all the answers

'Illegality by abusing discretionary power' refers to:

'Illegality by abusing discretionary power' involves excessive delegation beyond one's authority. (B) Signup and view all the answers

What distinguishes lawful from unlawful delegation of discretion?

Whether or not the delegation aligns with established legal guidelines (A) Signup and view all the answers

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?

According to Lord Reid, what is the difference between a policy and a rule?

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?

What does it mean to 'fetter discretion'?

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?

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 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?

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 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?

What distinguishes lawful from unlawful delegation of discretion?

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

'Illegality by abusing discretionary power' refers to:

What distinguishes lawful from unlawful delegation of discretion?

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