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17 Cards in this Set
- Front
- Back
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Associated Provincial Picture House v Wednesbury Corporation |
Case establishes principle that "discretion must be exercised reasonably" |
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Roncarelli v Duplessis |
Bad faith case "there is no such thing as absolute and untrammelled 'discretion'" |
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Listowel UDC v McDonagh |
Legislation prohibited temporary dwellings which were prejudicial to public health - used to deal with "itinerant problem" - this was mala fides |
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State (O'Mahony) v South Cork Board of Health |
Application refused due to "mere pique" based on previous acrimonious dealings |
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Hoey v Minister for Justice |
Order on Minister to keep a court house in good repair was avoided by order to close court house - this was using statutory power to regulate courts for an improper purpose |
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Cassidy v Minister for Industry |
Court found that the "primary and dominant" purpose was a proper purpose and the improper purpose was "merely subsidiary and consequential to the dominant" - lawful |
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Kennedy v Law Society |
Fennelly J held that where the improper purpose "materially influenced" the decision maker, the decision was void |
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Ashbourne Holdings v An Bord Pleanála |
Meaning of "interest groups" was uncertain and so decision was quashed - condition wa "untrammeled and unrestricted" |
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State (Cussen) v Brennan |
Irish language ability was an irrelevant factor in appointment of a pediatrician |
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Louth v Minister for Social Welfare |
Earnings were only relevant in determining level of unemployment benefit, not in relation to grant of unemployment benefit |
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East Donegal v Attorney General |
Act did not give unlimited discretionary power - Walsh J held that it must be considered in light of the act as a whole |
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AMSJ (Somalia) (No.2) |
The fact that the decision maker was not satisfied as to the applicant's credibility did not justify failure to consider the relevance of ethnicity |
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Mishra v Minister for Justice |
Although implementation of discretion may be guided by policy or rules, this should not prevent the exercise of discretion in individual cases
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McVeigh v Minister for Justice |
Refusal of application to import firearm - Minister had been "infected by the vice of inflexibility" and gave no opportunity to address the possibility of any exception - blanket policy |
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B v Minister for Social Protection |
100% deference to medical assessor's opinion constituted an abdication of statutory duty |
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Limerick Corporation v Sheridan |
Refusal to allow temporary dwelling under the Local Government (Sanitary Services) Act 1948 had too wide an effect and negatively impacted certain groups |
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State (Rajan) v Minister for Indusrty |
Automatic approval of patent applications by other European Patent Offices - Barron J held that such rubberstamping was a failure to exercise statutory powers |
