Chapter

The Exercise of Discretionary Powers, II

D. J. Galligan

in Discretionary Powers

Published in print May 1990 | ISBN: 9780198256526
Published online March 2012 | e-ISBN: 9780191681653 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198256526.003.0004

Series: Clarendon Paperbacks

The Exercise of Discretionary Powers, II

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In the light of the various influences, practical and normative, discussed in the preceding chapter, this chapter first considers whether any guidance can be suggested in the design of decision procedures; or, in other words, whether there is any right balance of discretion, of comprehensive planning with an emphasis on rules and standards, and incrementalism, with its emphasis on the particular problem. It then deals with two issues, firstly, with the concept of rights — their relationship to discretion and their place in the public law model; secondly, the relationship between personal liberty and discretionary authority in relation to A. V. Dicey and F. A. Hayek.

Keywords: discretionary decisions; discretion; rights; public law model; personal liberty; discretionary authority; A. V. Dicey; F. A. Hayek

Chapter.  18897 words. 

Subjects: Human Rights and Immigration

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