fettering of discretion
From Blogger
David Miranda and the Constraints of the “Prescribed by Law” Requirement: Miranda v. Home Secretary, [2014] EWHC 255
Laws L.J. delivered the judgment of the Divisional Court yesterday in Miranda v. Home Secretary, [2014] EWHC 255, a judgment explained by Rosalind English and Carl Gardner, and aspects of which have also been discussed by Fiona de Londras and Colin Murray. Miranda, en route to Berlin to share confidential information with a journalist, was […] Read more
From Blogger
Fettering of Discretion and the Reasonableness Test
In Canada, a global reasonableness test is supposed to be applied in the review of administrative decisions, even where the allegation is that the decision-maker abused its discretion. The Supreme Court said as much in 2003 (see paras. 22-25). But some of the traditional grounds of review for abuse of discretion fit uneasily under the […] Read more