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.
Chapter
11. Abuse of Discretion
Sir William Wade, Christopher Forsyth, and Julian Ghosh
Chapter
18. Free Movement of Payments and Capital
This chapter examines the rules concerning free movement of payment and capital within the European Union provided in Articles 63, 64, 65 and 66 of the Treaty on the Functioning of the European Union (TFEU). It explains the scope of and derogations to the free movement of capital. The chapter also considers restrictions on free movement of capital between Member States and third countries. It highlights the willingness of the Court of Justice (CJ) to borrow principles (ie, rule of reason) from the other freedoms. This chapter also considers briefly the provisions relating to monetary and economic union and the developments in the light of the financial crisis.
