Discretion Of Non-Accountability In The Early Editions Of Dicey

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Accountability is an essential part of the rule of law. It is essential for another reason, as in the earlier editions of Dicey, of course modified in later editions, referring to John Wilkes's case, that "conferment of any discretion tends to arbitrariness and therefore there is something inconsistent with the rule of law." But then, as time passed, it was realized that conferment of some discretion for the purpose of application to the facts of a given case is something you cannot do away with. The area of discretion should be the minimum possible, and set norms, standards or guidelines should regulate it, so that it does not tend to become arbitrary. Therefore, the rule of non-arbitrariness is something to be tested by the judiciary whenever

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