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; mixed motives and good faith; and statutory reasonableness.
Chapter
11. Abuse of Discretion
Sir William Wade and Christopher Forsyth
Chapter
11. Abuse of Discretion
Sir William Wade, Christopher Forsyth, and Julian Ghosh
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.
