Extract:
If an administrative decision-maker is entrusted with a discretionary power or duty expressly or impliedly for a public purpose, the decision-maker cannot divest itself of that power or duty. There are several ways in which a decision-maker may fail to exercise a discretionary power or fail perform a duty. This research is aim in elaborating on these aspects of the broad ultra vires concept.
The scope of this research is mainly aimed at non-exercise of administrative discretionary power in the UK jurisdiction, but cases on the Jurisdiction of India and Malaysia are also illustrated. The Research has been limited due to various reasons. To mention a few reasons here, the unavailability of enough research books on the library, the time frame available for such research assignment and the academic amateurism of the researcher.
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