10. Retention of Discretion
10. Retention of Discretion
- Sir William WadeSir William Wadeformerly Emeritus Rouse Ball Professor of English Law, University of Cambridge
- and Christopher ForsythChristopher ForsythFellow in Law, Balliol College, University of Oxford
Abstract
This chapter examines the rules which govern discretionary power. It focuses on the rules which ensure that discretionary power should be wielded only by those to whom it is given and that they should retain it unhampered by improper constraints or restrictions. Topics discussed include delegation; surrender, abdication, dictation; over-rigid policies; restriction by contract or grant; and estoppel.
