Duty to Give Reasons in UK Law

  • Constitutional Law and the Limits of Discretion in Family Property Law
    • No. 44-1, March 2016
    • Federal Law Review
    The argument of this Article is that the width of discretion that trial judges have to alter property rights under the Family Law Act 1975 (Cth) (‘the Act’) has been overstated. The property aspect...
    ... ... judges is fettered by three duties: The duty to follow the interpretation of the Act ... in appellate judgments; the duty to give reasons that explain the o utcome of the case, ... ...
  • Reasons To Be Cheerful
    • No. 57-6, November 1994
    • The Modern Law Review
    ... ... of any general obligation upon public authorities to give reasons for their decisions.’ The House, while denying that ... decision on the penal element and the Home Secretary’s duty to give reasons for his finding. The Decision Lord Mustill ... ...
  • Judicial Committee of the Privy Council
    • No. 65-4, August 2001
    • Journal of Criminal Law, The
    ... ... the Privy Council Failure of Magistrate to Give Reasons for Decision Cedeno v Logan [2001] I ... to carry out one andllary part of his duty did not necessarily mean that the whole trial, ... ...
  • Bounded Discretion in EU Law: A Limited Judicial Paradigm in a Changing EU
    • No. 80-3, May 2017
    • The Modern Law Review
    Against the background of the reinforcement of the EU executive pursuant to the post‐2008 economic and financial market regulatory reforms, this article deconstructs the prevailing distinction betw...
    ... ... concluding, the article explains how the duty of careful and impartial examina- tion and the ty to give reasons could act as guarantees of bounded ... ...
  • Divisional Court
    • No. 64-6, December 2000
    • Journal of Criminal Law, The
    ... ... that he had extended the time limit for reasons which were appropriate to a determination of ... 546 ... Extent of DPP's Duty to Give Reasons for Not Prosecuting Extent of ... ...
  • Koushal v Naz: Judges Vote to Recriminalise Homosexuality
    • No. 78-4, July 2015
    • The Modern Law Review
    In Koushal v Naz the Indian Supreme Court overturned a High Court judgment which had declared unconstitutional section 377 of the Indian Penal Code criminalising ‘carnal intercourse against the ord...
    ... ... , is the Court’s routine dereliction of its duty to give reasons for its decisions, and the ... ...
  • Re Palmer and Minister for the Capital Territory1
    • No. 10-2, June 1979
    • Federal Law Review
    Administrative Appeals Tribunal Act — Ss. 28; 37 — Rates Ordinance (A.C.T.) — Administrative decision — Decisionmaker required to give reasonsReasons must be intelligible, relevant and adequate ...
    ... ... decision - Decisionmaker required to give reasons - Reasons must be intelligible, ... the points that arise, he fails in his duty and the court can order him to make good ... ...
  • Detailed Contents
    • Preliminary Sections
    • Assets of Community Value. Law and Practice
    • Simon Adamyk
    • 7-18
    ... ... local authority area 54 Local authority’s duty to consider nominations and to list qualifying ... Local authority’s duty to give reasons in respect of compensation decisions 218 ... ...
  • Criminal Legal Aid—The New Legislation
    • No. 48-3, August 1984
    • Journal of Criminal Law, The
    ... ... representations to be made as to the reasons for non-payment. After giving the opportunity ... legal aid committee is under a duty to "reconsider the application for legal ... In doing so the committee must give reasons for its decision and notify both ... ...
  • D Dyzenhaus, M Hunt and G Huscroft (eds), A Simple Common Lawyer: Essays in Honour of Michael Taggart (Oxford: Hart Publishing, 2009), IX + 334, £45
    • No. 37-1, March 2009
    • Federal Law Review
    ... ... Administrative Appeals Tribunal (created to give effect to proposals of the Kerr Committee, of ... interest in 'the role of findings and reasons as core values of judicial and administrative ... ; and the appropriate scope of the common law duty to give reasons. The issue of justification that ... ...
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