In the case of R v Secretary of State for the Home Department ex parte Doody [1993] AC 157, which dealt with whether the Secretary of State for the Home Department could delegate the function of setting a tariff period for life sentence prisoners, the Court of Appeal said: ‘there is no express or implied requirement in the Criminal Justice Act 1967 that a decision fixing the tariff period, or for that matter a decision to release a prisoner on licence, must be taken by the Secretary of State personally’ (per Staughton LJ). This seems to suggest that, [...].
Answer
unless delegation is excluded specifically or by necessary implication, no power is non- delegable within a department
Tags
#cases #illegality #judicial-review #public
Question
In the case of R v Secretary of State for the Home Department ex parte Doody [1993] AC 157, which dealt with whether the Secretary of State for the Home Department could delegate the function of setting a tariff period for life sentence prisoners, the Court of Appeal said: ‘there is no express or implied requirement in the Criminal Justice Act 1967 that a decision fixing the tariff period, or for that matter a decision to release a prisoner on licence, must be taken by the Secretary of State personally’ (per Staughton LJ). This seems to suggest that, [...].
Answer
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Tags
#cases #illegality #judicial-review #public
Question
In the case of R v Secretary of State for the Home Department ex parte Doody [1993] AC 157, which dealt with whether the Secretary of State for the Home Department could delegate the function of setting a tariff period for life sentence prisoners, the Court of Appeal said: ‘there is no express or implied requirement in the Criminal Justice Act 1967 that a decision fixing the tariff period, or for that matter a decision to release a prisoner on licence, must be taken by the Secretary of State personally’ (per Staughton LJ). This seems to suggest that, [...].
Answer
unless delegation is excluded specifically or by necessary implication, no power is non- delegable within a department
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Open it t in the Criminal Justice Act 1967 that a decision fixing the tariff period, or for that matter a decision to release a prisoner on licence, must be taken by the Secretary of State personally’ (per Staughton LJ). This seems to suggest that, <span>unless delegation is excluded specifically or by necessary implication, no power is non- delegable within a department.<span><body><html>
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