Lord Halsbury LC considered the power of the duty of magistrates to consider the wants or needs of the neighbourhood and the nature of discretion: ‘discretion means, when it is said that something is to be done within the discretion of the authorities, that that discretion is to be done according to the rules of reason and justice, not according to private opinion: . . according to law, and not humour. It is to be not arbitrary, vague and fanciful, but legal and regular. And it must be exercised within the limit, to which an honest man competent to the discharge of his office ought to confine himself.’
Judges:
Lord Halsbury LC
Citations:
[1891] AC 173
Jurisdiction:
England and Wales
Cited by:
Cited – Rogers, Regina (on the Application of) v Secretary of State for Health Admn 15-Feb-2006
The claimant suffered breast cancer. She sought treatment from the defendant with a drug called Herceptin, and now sought judicial review of the refusal of such treatment. Various stages in the licensing of the drug were yet to be completed. It was . .
Lists of cited by and citing cases may be incomplete.
Administrative
Updated: 01 May 2022; Ref: scu.238558