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 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, [...].
Answer
bind himself not to exercise that discretion by introducing an inconsistent 'tariff' scheme, which is what he had done using prerogative powers
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 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, [...].
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 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, [...].
Answer
bind himself not to exercise that discretion by introducing an inconsistent 'tariff' scheme, which is what he had done using prerogative powers
If you want to change selection, open original toplevel document below and click on "Move attachment"
Parent (intermediate) annotation
Open it orce. The House of Lords held that 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, <span>bind himself not to exercise that discretion by introducing an inconsistent 'tariff' scheme, which is what he had done using prerogative powers.<span><body><html>
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.