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Dane Luo: Security, the Sussexes and Sir Geoffrey’s Judgments on the Duty to Follow Policies

Summary by UK Constitutional Law Association
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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UK Constitutional Law Association broke the news in on Wednesday, May 7, 2025.
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