Admin Law Updates

Proportionality: Hurley: Students lost in this case; they did not succeed in having the regulations set aside. There is nothing particularly novel about the conclusion. The rising of the fees was clearly an example of prioritising public resources. There would usually be deference on such an issue. It is the first time the principle of deference has been raised with regard to macroeconomic considerations. Relevance of resources: McDonald: About a disabled woman who needed assistance to move around her home. This was provided by a person at her home. This was particular the case when she needed to use the toilet at night. The authority decided that the attendant that had been provided would not longer be provided and alternative (cheaper) measures would be used. The Supreme Court confirmed the decision of Barry. It was not disputed before the court that the availability of resources was a relevant consideration. Fettering of discretion, over rigid policy: MP: In theory, the new policy could be flexibly applied. However, in actual fact it was applied as a rule. Since the policy was applied without any flexibility it was held to be unlawful. This does not seem to be a controversial decision. Bias: Belize Bank and A-G of Belize: Test for bias is now whether the reasonably informed and fair-minded observer would apprehend the possibility of bias. The issue is how informed that observer should be. The fair-minded and informed observer will have the knowledge that is capable of being known imputed to him. Justice and Security Bill: It would appear to be an attempt to overcome the decisions that said you cannot have special advocate procedures before an ordinary court without a statutory footing. It is vague and will depend on what the legislation will say.