While it is clear that a decision will be flawed where an irrelevant factor is taken into consideration, or a relevant factor is not taken into consideration, there is a third category where [...]. This category was described by Simon-Brown LJ, in R v Somerset CC ex parte Fewings [1995] 1 WLR 1037 as an area in which '...the decision-maker may have regard if in his judgment and discretion he thinks right to do so. There is, in short, a margin of appreciation in which the decision-maker may decide just what considerations should play a part in his reasoning process’.
Answer
the decision-maker has a discretion
Tags
#cases #illegality #judicial-review #public
Question
While it is clear that a decision will be flawed where an irrelevant factor is taken into consideration, or a relevant factor is not taken into consideration, there is a third category where [...]. This category was described by Simon-Brown LJ, in R v Somerset CC ex parte Fewings [1995] 1 WLR 1037 as an area in which '...the decision-maker may have regard if in his judgment and discretion he thinks right to do so. There is, in short, a margin of appreciation in which the decision-maker may decide just what considerations should play a part in his reasoning process’.
Answer
?
Tags
#cases #illegality #judicial-review #public
Question
While it is clear that a decision will be flawed where an irrelevant factor is taken into consideration, or a relevant factor is not taken into consideration, there is a third category where [...]. This category was described by Simon-Brown LJ, in R v Somerset CC ex parte Fewings [1995] 1 WLR 1037 as an area in which '...the decision-maker may have regard if in his judgment and discretion he thinks right to do so. There is, in short, a margin of appreciation in which the decision-maker may decide just what considerations should play a part in his reasoning process’.
Answer
the decision-maker has a discretion
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Open it While it is clear that a decision will be flawed where an irrelevant factor is taken into consideration, or a relevant factor is not taken into consideration, there is a third category where the decision-maker has a discretion. This category was described by Simon-Brown LJ, in R v Somerset CC ex parte Fewings [1995] 1 WLR 1037 as an area in which '...the decision-maker may have regard if in his judgment and d
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