An old debate in administrative law concerns the appropriate role of courts in imposing common law restrictions on discretionary powers. For example, when a statute says "X may, in his absolute discretion, do Y", are any limitations of fairness or rationality implied by the common law? The modern tendency has been to admit that there are such limitations. Agreement on this is hardly uniform, however, and there is certainly no agreement on how far judges can legitimately go in imposing common law restraints on discretion.
Showing posts with label legal accountability. Show all posts
Showing posts with label legal accountability. Show all posts
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