CS Executive · Jurisprudence, Interpretation and General Laws · Administrative Laws
Which of the following is a recognised ground on which a court may control the exercise of administrative discretion?
A court may control discretion where the decision-maker took irrelevant considerations into account. Review concerns legality, good faith, proper purpose and reasonableness, not the court's own preference on the merits. Public unpopularity or the seniority of the officer does not make a discretionary decision unlawful.
- AThe court personally prefers a different decision on the merits
- BThe decision is unpopular with the public
- CThe decision-maker took into account irrelevant considerationsCorrect
- DThe decision was taken by a senior officer
Explanation
Judicial review of discretion looks at legality and process, such as relevance of considerations, good faith and reasonableness. It does not substitute the court's view on merits, so option A is wrong. Popularity and seniority of the officer are not grounds.
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