p. 29111. Abuse of Discretion
- Sir William Wade, Sir William WadeAn Honorary Bencher of Lincoln’s Inn, Formerly Master of Gonville and Caius College, Cambridge, Rouse Ball Professor of English Law in the University of Cambridge and Professor of English Law in the University of Oxford
- Christopher ForsythChristopher ForsythAn Academic Bencher of the Inner Temple, Formerly Quondam Director of the Centre for Public Law, Professor of Public Law and Private International Law, University of Cambridge Extraordinary Professor of Law, University of Stellenbosch, Fellow of Robinson College, Cambridge
- , and Julian GhoshJulian GhoshAn Ordinary Bencher of Lincoln’Inn, Bye Fellow of Peterhouse, Cambridge; Preceptor of Corpus Christi, Cambridge; Visiting Professor of King’s College, London Member of One Essex Court
Abstract
This chapter examines the sovereign principle that powers must be exercised reasonably and in good faith and on proper grounds—in other words, that they must not be abused. This is one of the twin pillars that uphold the structure of administrative law. Topics discussed include the justification for review on substantive grounds; the rule of reason; the principle of proportionality; categories of unreasonableness; good faith; and statutory reasonableness.
