If given discretionary powers, decision-makers must exercise that discretion and not 'fetter' themselves. In R v Secretary of State for the Home Department, ex parte Fire Brigades Union, [1995] 1 AC 513 it was held that the Home Secretary had fettered his discretion by refusing to consider whether to bring the statutory criminal injuries compensation scheme (enacted in 1988) into force. The House of Lords held that [...]. He could not, therefore, bind himself not to exercise that discretion by introducing an inconsistent 'tariff' scheme, which is what he had done using prerogative powers.
Answer
the statutory power to set a date for the implementation of the 1988 Act imposed a continuing obligation or discretion on the Secretary of State to consider bringing it into force
Tags
#illegality #judicial-review #public
Question
If given discretionary powers, decision-makers must exercise that discretion and not 'fetter' themselves. In R v Secretary of State for the Home Department, ex parte Fire Brigades Union, [1995] 1 AC 513 it was held that the Home Secretary had fettered his discretion by refusing to consider whether to bring the statutory criminal injuries compensation scheme (enacted in 1988) into force. The House of Lords held that [...]. He could not, therefore, bind himself not to exercise that discretion by introducing an inconsistent 'tariff' scheme, which is what he had done using prerogative powers.
Answer
?
Tags
#illegality #judicial-review #public
Question
If given discretionary powers, decision-makers must exercise that discretion and not 'fetter' themselves. In R v Secretary of State for the Home Department, ex parte Fire Brigades Union, [1995] 1 AC 513 it was held that the Home Secretary had fettered his discretion by refusing to consider whether to bring the statutory criminal injuries compensation scheme (enacted in 1988) into force. The House of Lords held that [...]. He could not, therefore, bind himself not to exercise that discretion by introducing an inconsistent 'tariff' scheme, which is what he had done using prerogative powers.
Answer
the statutory power to set a date for the implementation of the 1988 Act imposed a continuing obligation or discretion on the Secretary of State to consider bringing it into force
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Parent (intermediate) annotation
Open it Union, [1995] 1 AC 513 it was held that the Home Secretary had fettered his discretion by refusing to consider whether to bring the statutory criminal injuries compensation scheme (enacted in 1988) into force. The House of Lords held that <span>the statutory power to set a date for the implementation of the 1988 Act imposed a continuing obligation or discretion on the Secretary of State to consider bringing it into force. He could not, therefore, bind himself not to exercise that discretion by introducing an inconsistent 'tariff' scheme, which is what he had done using prerogative powers.</span
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