‘Judicial Review beyond Administrative Law: Braganza v BP Shipping Ltd and Review of Contractual Discretions’

“Judicial supervision of decision-making powers is often associated with administrative law. However courts also review the exercise of discretions in other fields. For example courts review powers exercised by trustees, and indeed much of equity might be characterised as a law of administration. Our focus here will be the legal principles sourced in the law of contract which regulate the exercise of powers of decision, including discretions, under contracts (‘contractual review’) and the interrelationship between these principles and those common law principles regulating exercise of administrative powers under statute (‘administrative law review’) …” (more)

[Jason Varuhas, UK Constitutional Law Association Blog, 31 May]

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