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 [case]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
R v Somerset CC ex parte Fewings [1995] 1 WLR 1037
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 the decision-maker has a discretion. This category was described by Simon-Brown LJ, in [case]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 the decision-maker has a discretion. This category was described by Simon-Brown LJ, in [case]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
R v Somerset CC ex parte Fewings [1995] 1 WLR 1037
If you want to change selection, open original toplevel document below and click on "Move attachment"
Parent (intermediate) annotation
Open it ill 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 <span>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-
Original toplevel document (pdf)
cannot see any pdfs
Summary
status
not learned
measured difficulty
37% [default]
last interval [days]
repetition number in this series
0
memorised on
scheduled repetition
scheduled repetition interval
last repetition or drill
Details
No repetitions
Discussion
Do you want to join discussion? Click here to log in or create user.