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Words: | Submitted: Sat May 15 2004
... of the power conferred. It deals with the legal framework and is a very wide spread subject, the Executive power often involves using discretion with the courts not being concerned with the merits and aims of government but instead with manner in which it is put into affect. For example for the issue of 'homeless' there will be a set definition but the courts can chose to interoperate this word. This is re-enforced by Lord Diplock, Secretary of State -V- Tameside B.C. (1976)"The whole nature of administrative discretion is that it involves more than one course of conduct about which there is room for reasonable men to hold differing opinions as to which is preferred". Applications for Judicial Review can only proceed against public bodies or authorities; established through case law and the process cannot be used when a private law remedy is the proper course. Per Diplock claimed that ...
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