- 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. 207) 8. Jurisdiction Over Fact and Law
- Chapter:
- (p. 207) 8. Jurisdiction Over Fact and Law
- Author(s):
Sir William Wade
and Christopher Forsyth
- DOI:
- 10.1093/he/9780199683703.003.0008
This chapter discusses the objective boundaries of discretionary powers and the way in which the courts police them. Inherent in all discretionary power is the power to decide freely, whether rightly or wrongly, without liability to correction, within the area of discretion allowed by the law. Until fairly recently this liberty to make mistakes within jurisdiction extended to significant mistakes both of law and of fact. The extent to which both these classes of error have been brought within the scope of judicial review is explained.
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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
