US EditionDane Luo: Security, the Sussexes and Sir Geoffrey’s Judgments on the Duty to Follow Policies
Summary by UK Constitutional Law Association
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Dane Luo: Security, the Sussexes and Sir Geoffrey’s Judgments on the Duty to Follow Policies
Public authorities are imbued with statutory and prerogative powers. And every now and then, they publish a policy setting out how they will exercise those powers. Policies must not be so rigid that they amount to a fetter on the discretion of decision-makers. But provided there is ample flexibility so as not to fetter, then the free-standing principle described in Mandalia v Home Secretary [2015] UKSC 59 (Mandalia) can kick in to impose a duty …
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