Chapter

Themes in Legal Regulation and Judicial Review

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/9780198256526.003.0006

Series: Clarendon Paperbacks

Themes in Legal Regulation and Judicial Review

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This chapter deals with a number of specific themes in legal regulation and judicial review. The underlying object is to consider the extent to which the general themes of rationality, purposiveness, and background principles are manifested in judicial review; where there are obstacles to the further development of legal principles, those obstacles are examined and appraised. The analysis begins with the disclosure of reasons; the disclosure of general reasons before decisions and specific reasons after decisions are basic requirements of good decision-making. But since those requirements are not insisted upon in any general way, the case for disclosure is examined and the arguments against considered. The second theme is the normative framework within which decisions are made, with particular attention being paid not only to the no-fettering doctrine, but also to the positive case for standards being laid down. The final themes concern more clearly the substance of reasons: the problems that occur in ascertaining purposes, the relevance and irrelevance of reasons, and questions about reasonableness and the evidential basis of facts and policies.

Keywords: discretionary powers; legal regulation; judicial review; rationality; purposiveness

Chapter.  25848 words. 

Subjects: Human Rights and Immigration

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