What does Fetters mean in law?

to restrict or confine something or someone to stop them making progress.

What is improper purpose?

Improper purpose” means participation in a proceeding primarily to harass or to cause unnecessary delay or for frivolous purpose or to needlessly increase the cost of litigation, licensing, or securing the approval of an activity.

What are discretionary powers UK?

A discretionary power must in general, shall be exercised by the authority to whom it has been committed. It is a well known principle of law that when a power has been confided to a person, he must exercise the power personally unless he has been expressly empowered to delegate it to another.

What is fettering discretion in judicial review?

Fettering discretion An authority will be acting unreasonably where it refuses to hear applications or makes certain decisions without taking individual circumstances into account by reference to a certain policy.

Why is fettering discretion unlawful?

Where a statute gives a decision-maker a discretionary power, it is generally unlawful for the decision-maker to delegate that power to another person or body unless the statute itself expressly provides that this may be done.

What is irrationality in law?

Irrationality it is so unreasonable that no reasonable decision maker could have come to the same decision, also known as ‘Wednesbury unreasonableness’ (although a less strict test applies if human rights are at stake) the decision-maker takes into account irrelevant matters or fails to consider relevant matters.

What is illegality in public law?

The first ground I will discuss is “illegality”. This ground is defined as meaning ‘that the decision-maker must understand correctly the law that regulates his decision-making power and must give effect to it. [

Who can practice discretionary power?

Discretionary Powers: This power to act or not to act in one way or other is called Discretionary power. Discretionary powers exercised by administrative and legal authorities are permissive, and not binding. These powers are granted to these officials by statute or delegation.

What does not fettered mean?

to keep someone within limits or stop them from making progress: He felt fettered by a nine-to-five office existence.

What is unreasonableness in law?

A reasoning or decision is Wednesbury unreasonable (or irrational) if it is so unreasonable that no reasonable person acting reasonably could have made it (Associated Provincial Picture Houses Ltd v Wednesbury Corporation (1948) 1 KB 223).