Fettering Discretion in UK Law
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Relocation, Relocation, Relocation: A Comparative Study of "Leave to Remove" Applications in England and Scotland
... ... (3) of the Children Act 1989 is to be applied in the exercise of discretion in order to help a judge determine what will optimise the welfare of the ... without bringing about any negative results arising from the fettering of discretion ... ...
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Retrial or Not? The Troubles of Exercising Discretion
... ... guidelines is to set down an inexhaustive list of potentially rele-vant factors in certain circumstances so that it would not be fettering the courts’discretion. Along thedevelopment of case law, the list can be expanded to provide for certainty and predictability.Nonetheless, it is ... ...
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Clare’s Law, or the national Domestic Violence Disclosure Scheme
Clare’s Law has been a PR success for the police in England and Wales—the police have engaged directly with the media over the national roll-out of the Domestic Violence Disclosure Scheme. But the ...... ... which have to be decided.Legitimate expectations and issues of fettering discretionOn a last, separate observation in this doctrinal analysis of ... of a policy as a manifestation of the notion of a fettering of discretion in broader public lawterms could then be deemed as unlawful, as might be a ... ...
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LIMITATIONS ON THE CONTRACTUAL LIABILITY OF PUBLIC AUTHORITIES
... ... The Amphitrite, namely, that a person to whom a discretion has been entrusted cannot bind himself as to the manner ... of this principle of supposed impossibility of fettering a discretion to the servant of the Crown and of other ... ...
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STATUTES
... ... The courts have always enjoyed a discretion in respect of the power to grant or refuse bail, and it ... information by a points score system would, with- out fettering the ultimate discretion of the court, provide a standard and ... ...
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The Use of Discretion in a Rule‐Bound Service: Housing Benefit Administration and the Introduction of Discretionary Housing Payments in Great Britain
This paper is concerned with how administrators in the Housing Benefit (HB) service in Great Britain have reacted to the discretionary powers given to local authorities as a result of the introduct...... ... The Benefits Manager of one authority argued further that fettering discretion by giving too clear guidelines on decision making could be deemed illegal. Expenditure on discretionary housing payments If, despite the ... ...
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African Natural Resources Agreements: Stabilisation Tricks and Traps for the Unwary
... ... about stabilisation provisions affecting their sovereignty or fettering their discretion to pass new or amend existing laws. Sponsors respond with ... ...
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Surveillance arbitration in the era of digital policing
This article analyses adoptions of innovative technology into police surveillance activities. Extending the nascent body of empirical research on digital policing, the article draws on qualitative ...... ... It is here that new police subjec-tivities, inference and discretion are argued to gain growing influence in shaping how digital surveillance ... and regulation in facilitating, structuring and, conversely, fettering discretion. Indeed, Kenneth Culp Davis (1971: 4) foundational definition ... ...
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The Judicial Process: U.D.I. and the Southern Rhodesian Judiciary
... ... an attempt by the executive to interfere with the discretion of magistrates this was not serious and was unlikely 10 ... discretion to prosecute thereunder so no question of fettering discretion could rise. The judges also countenanced lengthy ... ...
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The Ultimate Expression of Law isn't Order, it's Prison1
... ... made, nor did they regard the Home Secretary as fettering his discretion. Hone and McCanun v Board of Visirors Maze ... ...
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