The purpose of this article was to enquire whether the European and national rules may limit the discretionary power while expanding the administrative one.

An act taken in the exercise of a discretionary power is subject to control of legality by a court or other independent body. This control does not exclude the ...

5 нояб. 2022 г. · In our opinion, the exercise of discretion should be controlled through the court process of judicial review due to its effectiveness over the ...

A citizen who believes that a public official has misused his discretionary power can seek review6 in the courts to test the legality of the use of the.

Where a discretionary power conferred on a trustee is not exercised reasonably and in good faith, such power may be controlled by a principal Civil Court of ...

The purpose of this article was to enquire whether the European and national rules may limit the discretionary power while expanding the administrative one.

Many powers which appear to give complete discretion to the administration are in fact circumscribed by principles of justice and reasonableness.

Main controls of this type include limiting the delegation and the extent to which an authority can proceed through rules and policies. Principles can also be ...

Where the authority being vested with the discretionary power does not exercise the power but sub-delegates it to subordinate authority. Similarly, where ...

Believers in this theory believe in the control of the excesses of executive power or in essence,. discretionary powers through the rule of law and courts.