It has often been said that the control of discretionary powers in trust law and administrative law should be segregated and any transposition of principles should be resisted. This article questions this orthodoxy. Two propositions will be made. First, the orthodoxy is not normatively sustainable, since both administrative law and trust law are underpinned and shaped by similar forces. Transposition should be permissible, although identical principles need not apply. Second, the extent to which the transposition of principles should occur can be readily ascertained with reference to the modified ultra vires model.
Edward Lui and Clara Wong, Challenging the distrust of administrative law: the case for transposition, Trusts and Trustees, https://doi.org/10.1093/tandt/ttab007. Published: 3 March 2021.