- 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. 286) 11. Abuse of Discretion
- Chapter:
- (p. 286) 11. Abuse of Discretion
- Author(s):
Sir William Wade
and Christopher Forsyth
- DOI:
- 10.1093/he/9780199683703.003.0011
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.
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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
