- Preface
- Table of Statutes
- Table of European Legislation and International Conventions, Directives and Treaties
- Chronological List of Statutes
- Table Of Cases
- Part I Introduction
- 1. Introduction
- 2. Constitutional Foundations of the Powers of the Courts
- Part II Authorities and Functions
- 3. The Central Government
- 4. Local and Devolved Government
- 5. Public Corporations, Privatisation and Regulation
- Part III European Influences
- 6. Incorporation of European Law
- Part IV Powers and Jurisdiction
- 7. Legal Nature of Powers
- 8. Jurisdiction Over Fact and Law
- 9. Problems of Invalidity
- Part V Discretionary Power
- 10. Retention of Discretion
- 11. Abuse of Discretion
- Part VI Natural Justice
- 12. Natural Justice and Legal Justice
- 13. The Rule against Bias
- 14. The Right to a Fair Hearing
- Part VII Remedies and Liability
- 15. Ordinary Remedies
- 16. Prerogative Remedies
- 17. Boundaries of Judicial Review
- 18. Procedure of Judicial Review
- 19. Restriction of Remedies
- 20. Liability of Public Authorities
- 21. Crown Proceedings
- Part VIII Administrative Legislation and Adjudication
- 22. Delegated Legislation
- 23. Statutory Tribunals
- 24. Statutory and other Inquiries
- Appendix 1 Lord Diplock’s Formal Statement on Judicial Review
- Appendix 2 Catalogue of European Human Rights
- Appendix 3 Matters that Arose or Came to Light While This Book Was in Press
- Index
(p. 259) 10. Retention of Discretion
- Chapter:
- (p. 259) 10. Retention of Discretion
- Author(s):
Sir William Wade
and Christopher Forsyth
- DOI:
- 10.1093/he/9780199683703.003.0010
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.
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- Preface
- Table of Statutes
- Table of European Legislation and International Conventions, Directives and Treaties
- Chronological List of Statutes
- Table Of Cases
- Part I Introduction
- 1. Introduction
- 2. Constitutional Foundations of the Powers of the Courts
- Part II Authorities and Functions
- 3. The Central Government
- 4. Local and Devolved Government
- 5. Public Corporations, Privatisation and Regulation
- Part III European Influences
- 6. Incorporation of European Law
- Part IV Powers and Jurisdiction
- 7. Legal Nature of Powers
- 8. Jurisdiction Over Fact and Law
- 9. Problems of Invalidity
- Part V Discretionary Power
- 10. Retention of Discretion
- 11. Abuse of Discretion
- Part VI Natural Justice
- 12. Natural Justice and Legal Justice
- 13. The Rule against Bias
- 14. The Right to a Fair Hearing
- Part VII Remedies and Liability
- 15. Ordinary Remedies
- 16. Prerogative Remedies
- 17. Boundaries of Judicial Review
- 18. Procedure of Judicial Review
- 19. Restriction of Remedies
- 20. Liability of Public Authorities
- 21. Crown Proceedings
- Part VIII Administrative Legislation and Adjudication
- 22. Delegated Legislation
- 23. Statutory Tribunals
- 24. Statutory and other Inquiries
- Appendix 1 Lord Diplock’s Formal Statement on Judicial Review
- Appendix 2 Catalogue of European Human Rights
- Appendix 3 Matters that Arose or Came to Light While This Book Was in Press
- Index
