Illegality

  • Created by: jesskeayy
  • Created on: 05-05-19 20:00
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  • Illegality
    • Decision makers must ensure they do what is permitted by the law. Must understand their legal duties/ powers. Must use powers only to further what powers were made for
    • 1. must be an exercise of discretion
      • Legislation allows for discretion to be made when drafted. Authorities have power to act as they think to meet aims of legislation
      • Powers cannot be delegated
    • Wednesbury case: cinema- council imposed a ban on showing films to under 15s on Sunday's
      • Allowed. Held councils could take into account child welfare, It would be unreasonable for them to intervene, as the condition itself was reasonable
    • 2.Treating policies as binding
      • Common for policies to be adopted in order to help them make decisions and provide guidance for decisions being reached
      • Policies must be lawful, ought to be published, public bodies must be prepared to depart from a policy if a case justifies doing so
    • 3. relevant/ irrelevant considerations/ purposes
      • Exercising powers for improper purposes- authorities have to act in public interest
      • Legislation can sometimes specify factors to be taken into consideration

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